INCOME TAX OFFICER-4(1), KANPUR vs. M/S P.V COMMODITY, KANPUR

PER ANADEE NATH MISSHRA, A.M.

(A)
This appeal vide I.T.A. No.563/Lkw/2016 has been filed by Revenue for assessment year 2013-14 against impugned appellate order dated
27/05/2016 of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(B)
At the time of hearing before us, it was observed, on perusal of Form-36, in which the appeal has been filed, that the total tax effect is stated to be less than Rs.60,00,000/-. As instructed by Central Board of Direct Taxes, for filing the appeal in Income Tax Appellate Tribunal against order of the learned CIT(A), if the tax effect is upto Rs.60,00,000/- no appeal should be filed by Revenue before the Income Tax Appellate
Tribunal. Representatives of both sides, the learned Sr. D.R. for Revenue
Appellant by Shri Abhinav Mehrotra, Advocate
Respondent by Shri Amit Kumar, D.R.

I.T.A. No.563/Lkw/2016
Assessment Year:2013-14
2

and the learned Counsel for the assessee were in agreement that the tax effect being below Rs.60 lac, the appeal filed by Revenue is not maintainable and should be dismissed.

(C)
In view of foregoing and as representatives of both sides are in agreement on this, the appeal of Revenue is dismissed in limine without going into the merits of the case.

(D)
By way of abundant caution, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the total tax effect in the present appeal is more than the monetary limit prescribed by CBDT.

(E)
In the result, the appeal filed by Revenue is dismissed as not maintainable.

(Order pronounced in the open court on 22/02/2025) . .
(SUBHASH MALGURIA) (ANADEE NATH MISSHRA)
Judicial Member Accountant Member

Dated:22/02/2025
*Singh

Copy of the order forwarded to :
1. The Appellant
2. The Respondent.
3. Concerned CIT
4. The CIT(A)
5. D.R., I.T.A.T., Lucknow