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Facts
The Department filed two appeals against the Commissioner of Income Tax (Appeals)-Kanpur-4's orders for Assessment Years 2011-12 and 2017-18. The grievance in these appeals involved a tax effect less than Rs. 60 lacs.
Held
The Tribunal dismissed both appeals as non-maintainable, citing CBDT Circular No. 09 of 2024, which sets a monetary limit for Revenue appeals, as the tax effect was below Rs. 60 lacs. The Department was granted liberty to recall the order if the cases fall under the exceptions mentioned in CBDT Circular No. 5 of 2024.
Key Issues
Whether appeals filed by the Revenue are maintainable if the tax effect is below the monetary limit prescribed by CBDT circulars, specifically Circular No. 09/2024 and No. 5/2024.
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