INCOMETAX OFFICER (EXEMPTION), ALAPPUZHA, ALAPPUZHA vs. NIRMITHI KENDRA, ALAPPUZHA

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ITA 418/COCH/2024Status: DisposedITAT Cochin21 January 2025AY 2023-24Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI PRAKASH CHAND YADAV (Judicial Member)3 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as not maintainable, citing CBDT Circular No. 9/2024, which sets a monetary limit of Rs. 60 lakhs for filing appeals before the ITAT. The issues raised are left open for examination in appropriate future proceedings, subject to any exceptions in the circular.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2023-24. The tax effect in the present appeal is less than Rs. 60 lakhs, which triggers the applicability of a CBDT Circular.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT Circular No. 9/2024 under Section 268A(1) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 268A

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

For Appellant: Smt. Leena Lal, Sr. D.R
For Respondent: Shri R. Krishnan, CA
Hearing: 09.01.2025Pronounced: 21.01.2025

O R D E R Per: Inturi Rama Rao, AM This appeal filed by the Revenue is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 23.03.2024 for Assessment Year (AY) 2023-24.

2.

At the outset 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 Section Nirmithi Kendra 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 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.

3.

In the result, the appeal filed by the Revenue stands dismissed.

Order pronounced in the open court on 21st January, 2025.

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