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Facts
The Department filed two appeals against the order of the Commissioner of Income Tax (Appeals) for Assessment Years 2011-12 and 2017-18. The grievance raised by the Revenue had a tax effect less than Rs. 60 lacs, which is below the threshold for filing appeals.
Held
The Income Tax Appellate Tribunal dismissed both appeals as not maintainable. This decision was based on CBDT Circular No. 09 of 2024, dated 17/09/2024, which specifies the monetary limits for filing appeals. The Department was granted liberty to recall the order if the appeals fall under any exceptions mentioned in CBDT Circular No. 5/2024, dated 15/03/2024.
Key Issues
Whether appeals filed by the Revenue are maintainable before the ITAT if the tax effect is below the prescribed monetary limit as per CBDT circulars.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI YOGESH KUMAR U.S.
against the order of Commissioner of Income Tax (Appeals)- Kanpur-4, 12/07/2021 for the Assessment Year 2011-12 and 2017-18 respectively.
The grievance of the Revenue in the above Appeals shown in the Form No. 36are less than tax effect of Rs.60 lacs, therefore, the present appeals filed by the Revenue are not maintainable in the light of the CBDT Circular No.09 of 2024 dated 17/09/2024.
Therefore, the present Appeals are dismissed with a liberty to the Department of Revenue to recall the order if Appeal filed by the Revenue is comes under any of the exceptions mentioned Circular No. 5/2024 dated 15/03/2024 issued by the CBDT.
Order pronounced in open Court on 22nd October, 2024