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Facts
The Revenue filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2013-14. The assessee's counsel argued that the appeal should be dismissed due to low tax effect, which was confirmed by the DR to be Rs. 51,52,837/-, falling below the monetary limit for departmental appeals to the Tribunal as per CBDT Circular No. 9/2024.
Held
The Tribunal dismissed the Revenue's appeal on account of low tax effect, in line with CBDT Circular No. 9/2024, which specifies a monetary limit of Rs. 60,00,000/- for filing appeals. Liberty was granted to the Revenue to revive the appeal if the issue involved falls under specific exceptions outlined in CBDT Circular No. 5/2024.
Key Issues
Whether the Revenue's appeal is maintainable before the Tribunal given that the tax effect is below the monetary limit prescribed by CBDT Circulars.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH “A”, DELHI
(A.Y.2013-14) Income Tax Officer, R. No. 1410, E-2 Block, Civic Centre, ...... अपीलाथ�/Appellant Minto Road, Delhi 110002 बनाम Vs. B P Impex, 9/10, Second Floor, Nehru Enclave, Kalkaji, New Delhi 110019 ..... �ितवादी/Respondent PAN: AACFB-6503-B अपीलाथ� �ारा/Appellant by : Ms. Kirti Sankratyayan, Sr. DR �ितवादी�ारा/Respondent by : Shri Ajay Kumar Agarwal, Chartered Accountant सुनवाई क� ितिथ/ Date of hearing : 07/11/2024 घोषणा क� ितिथ/ Date of pronouncement : : 07/11/2024 आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as 'the CIT(A)') dated 28.02.2024, for assessment year 2013-14.
The ld. Counsel for the assessee submitted at the outset that appeal by the Department suffers from low tax effect in light of the CBDT Circular No. 9/2024 dated 17.09.2024, hence, liable to be dismissed.
The ld. DR fairly submitted that the tax effect involved in appeal is Rs. 51,52,837/- i.e. less than the monetary limit specified by the Board vide Circular No. 9/2024 (supra) for contesting of appeals by the Department before the Tribunal.
In light of the fact that the tax effect in appeal filed by the Revenue is less than the monetary limit of Rs.60,00,000/- specified by the CBDT vide Circular No. 9/2024 (supra), for filing of appeal by the Revenue, this appeal by the Revenue is dismissed on account of low tax effect. 5. Liberty is granted to the Revenue for revival of appeal, if the issue involved in instant appeal falls under any of the exceptions specified in para 3.1 and 3.2 of CBDT Circular No. 5/2024 dated 15.03.2024. 6. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on Thursday the 07th day of November, 2024. Sd/- Sd/- (NAVEEN CHANDRA) (VIKAS AWASTHY) लेखाकार सद�य/ACCOUNTANT MEMBER �याियक सद�य/JUDICIAL MEMBER िद�ी/Delhi, �दनांक/Dated 07/11/2024 NV/- �ितिलिप अ�ेिषतCopy of the Order forwarded to :
1. 1. अपीलाथ�/The Appellant , �ितवादी/ The Respondent. 2.