ASSISTANT COMMISSIONER OF INCOME TAX, KOTTAYAM vs. STEPHEN PATHICKAL KURIAN, VELIYANNOOR, KOTTAYAM
Facts
The Revenue filed an appeal against the order of the National Faceless Appeal Centre for Assessment Year 2013-14. The Tribunal observed that the tax effect involved in this appeal was less than Rs.60 lakhs.
Held
Citing CBDT Circular No. 9/2024, which prescribes a monetary limit of Rs.60 lakhs for the Revenue to file appeals before the ITAT, the Tribunal dismissed the present appeal as not maintainable. The issues raised were kept open for future examination, and the Revenue was given the option to apply for recalling the order if the case fell under specified exceptions.
Key Issues
Whether an appeal filed by the Revenue is maintainable before the ITAT if the tax effect is below the monetary limit specified by CBDT Circular No. 9/2024 under Section 268A(1) of the IT Act.
Sections Cited
268A(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PRAKASH CHAND YADAV, JM ITA No. 638/Coch/2023 Assessment Year: 2013-14 ACIT, Circle - 1 .......... Appellant Public Librry Building Sastri Road, Kottayam 686001 Vs. Stephen Pathickal Kurian .......... Respondent Pathickal, Veliyannoor Menachil, Kottayam 686638 [PAN: CGCPS1477H] Appellant by: ------- None ------- Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 09.12.2024 Date of Pronouncement: 29.01.2025 O R D E R Per: Inturi Rama Rao, AM This is an appeal filed by the Revenue directed against the order of the National Faceless Appeal Centre, Delhi (‘CIT(A)’ for short) dated 09.07.2023 for the Assessment Year 2013-14.
It is stated before us that the tax effect in the present appeal is less than Rs.60 lakhs and therefore, the Circular No. 9/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 2 of the said circular (supra) it is stated that in cases where the tax effect in
2 ITA No. 638/Coch/2023 Stephen Pathickal Kurian the appeals to be filed before the Appellate Tribunal does not exceed Rs.60 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No. 9/2024 dated 17.09.2024 and considering the fact that the tax effect in the instant appeal is less than Rs.60 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal falls in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No. 9/2024 dated 17.09.2024, the appeal filed by the Revenue stands dismissed.
In the result, the appeal filed by the Revenue stands dismissed. Order pronounced in the open court on 29th January, 2025. Sd/- Sd/- (PRAKASH CHAND YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Cochin, Dated: 29th January, 2025. n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order
Assistant Registrar ITAT, Cochin
