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Facts
The Revenue filed an appeal (ITA No.4902/Del/2019) for AY 2013-14 against an assessment order passed under section 143(3). The Departmental Representative indicated that the appeal should be withdrawn as the tax effect involved is below Rs.60 Lakhs.
Held
The Tribunal applied CBDT Circular No.09/2024 dated 17.09.2024, which set a revised monetary limit of Rs.60 Lakhs for filing appeals before the Tribunal. Since the tax effect in this case was below the revised limit, the Tribunal dismissed the Revenue's appeal as not maintainable, granting liberty for re-institution if exceptions to the circular apply.
Key Issues
Whether the Revenue's appeal is maintainable before the Tribunal given the low tax effect as per the revised monetary limits set by the CBDT Circular No.09/2024.
Sections Cited
143(3)
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Income Tax Appellate Tribunal, DELHI BENCH “H”: NEW DELHI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI M. BALAGANESH
O R D E R PER M. BALAGANESH, A. M.: The appeal in AY 2013-14, arises out of 1. the order of the Commissioner of Income Tax (Appeals)-22, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] in Appeal No. 114/18- 19/CIT(A)-22, New Delhi dated 20.03.2019 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 20.12.2016 by the Assessing Officer, DCIT, Circle-11(1), New Delhi (hereinafter referred to as ‘ld. AO’).
However, Ld. Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.60 Lacs.
The CBDT vide Circular No.09/2024 dated 17.09.2024 has revised the monetary limit for filing the appeals before the Tribunal to Rs.60 Lacs and the said Circular would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.
Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-3.1 and 3.2 of the Circular dated 17.09.2024.
In conclusion, by applying the CBDT Circular dated 17.09.2024, the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.
In the final result, the appeal of the Revenue stands dismissed.
Order pronounced in the open court on 21/10/2024.