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Facts
The Revenue filed two appeals against separate orders of the Ld. CIT (Appeals) for Assessment Years 2012-13 and 2014-15. The assessee's AR contended that the tax effect in both appeals (Rs.48,96,376 and Rs.50,72,235 respectively) was below the Rs.60 lakh monetary limit set by CBDT Circular No.09/2024 for filing appeals before the ITAT.
Held
The Tribunal noted that the Ld. DR for the Revenue agreed with the assessee's submission regarding the tax effect being below the prescribed limit. Consequently, the Tribunal dismissed both appeals filed by the Revenue as not maintainable, in light of CBDT Circular No.09/2024.
Key Issues
Whether the Revenue's appeals are maintainable before the ITAT when the tax effect is below the monetary limit stipulated by CBDT Circular No.09/2024.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH “F”, NEW DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMA
O R D E R
PER S. RIFAUR RAHMAN, AM :
The Revenue has filed these two Appeals against the separate Orders of the Ld. CIT (Appeals)-27, New Delhi dated 25.02.2019 relating to Assessment Years 2012-13 & 2014-15.
At the threshold, ld. AR for the assessee has submitted that as per Form 36 filed by the Revenue, the tax effect in respect of Assessment Year 2012-13 is Rs.48,96,376/- and in respect of Assessment Year 2014-15, the tax effect is Rs.50,72,235/-, which is below the prescribed limit of Rs.60 & 4167/Del/2019 lakhs, as stipulated in CBDT Circular No.09/2024 dated 17.09.2024 wherein, the CBDT has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs.60 lakhs.
Ld. DR for the Revenue fairly agreed that the tax effect in these appeals of the Revenue is below the prescribed limit, in view of the latest CBDT circular dated 17.09.2024 (supra).
In view of the above position, we deem it fit and proper to dismiss the appeals of the Revenue in the light of the latest Circular No.09/2024 of the CBDT dated 17.09.2024, as not maintainable.
In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open court on this 20th day of December, 2024.