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Facts
The Revenue filed an appeal against the CIT(A)'s order for AY 2008-09. During the hearing, the assessee's counsel informed the tribunal that the tax effect involved in the appeal was below Rs. 60 lakhs, citing CBDT Circular No. 09/2024 dated 17.09.2024 which sets the revised monetary limit for departmental appeals to the ITAT.
Held
The Tribunal, noting that the tax effect in the appeal was below Rs. 60 lakhs and with no opposition from the CIT(DR), dismissed the Revenue's appeal as not maintainable. This decision was based on the latest CBDT Circular No. 09/2024 dated 17.09.2024.
Key Issues
Whether a departmental appeal filed by the Revenue before the ITAT is maintainable when the tax effect is below the monetary limit prescribed by CBDT Circular No. 09/2024.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH “D”, NEW DELHI
(Assessment Year : 2008-09) DCIT (IT) – 4(2)(1), vs. Six Continents Hotels INC., Mumbai. C/o BSR & Co., Lodha Excelus, 2nd Floor, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai – 400 011 (Maharashtra). (PAN : AAHCS7853B) (APPELLANT) (RESPONDENT) ASSESSEE BY: Shri Himanshu Aggarwal, CA REVENUE BY : Shri Vijay B Vasanta, CIT(DR) Date of Hearing : 01.10.2024 Date of Order : 09.10.2024 ORDER
PER S.RIFAUR RAHMAN,AM:
This appeal is filed by the Revenue against the orders of the ld. Commissioner of Income-tax (Appeals)-58, Mumbai (hereinafter referred to ‘Ld. CIT (A)’) dated 20.11.2017 pertaining to Assessment Year 2008-09. 3. At the time of hearing, Ld. Counsel for the assessee has submitted that the tax effect in the appeal filed by the Revenue is below Rs. 60 lakhs. The CBDT in its Circular No.09/2024 dated 17.09.2024 has recently revised the monetary limit for filing of the departmental appeal to the ITAT at Rs. 60 lakhs. He has, therefore, requested that the Revenue’s appeal may be dismissed accordingly.
However, Ld. CIT(DR) did not oppose the aforesaid proposition.
In view of the above position, we noticed that the tax effect in appeal preferred by the Revenue is below Rs.60 lakhs, we deem it proper to dismiss the appeal 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, the appeal of the Revenue is dismissed. Order pronounced in the open court on this 9th day of October, 2024.