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Facts
The Revenue filed two appeals against separate orders of the Ld. CIT(A) for Assessment Years 2016-17 and 2011-12, where the issues were common. During the hearing, the assessee's counsel contended that the tax effect in each appeal was below Rs. 60 lakhs, citing CBDT Circular No.09/2024 dated 17.09.2024, which revised the monetary limit for departmental appeals to the ITAT to Rs. 60 lakhs.
Held
The Tribunal acknowledged that the tax effect in both appeals was indeed below the revised monetary limit stipulated by CBDT Circular No.09/2024. As the Ld. CIT(DR) did not object to this submission, the Tribunal deemed it proper to dismiss both appeals of the Revenue as not maintainable in light of the circular.
Key Issues
Whether the Revenue's appeals are maintainable before the ITAT if the tax effect falls below the monetary limit specified in CBDT Circular No.09/2024.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH “D”, NEW DELHI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI S. RIFAUR RAHMAN
(Assessment Year : 2011-12) ACIT, Circle-2(1)(1) vs. M/s Indra Sistemas S.A., 14TH Floor, Eros Corporate (International Taxation), New Delhi Tower, Nehru Place, New Delhi – 110 019 (PAN : AACCI247B) (APPELLANT) (RESPONDENT) ASSESSEE BY: Shri Himanshu Sinha, Advocate Shri Jainender Kataria, Advocate Shri Prashant Meharchandani, Advocate REVENUE BY : Shri Vijay B Vasanta, CIT(DR) Date of Hearing : 30.09.2024 Date of Order : 04.10.2024 ORDER PER S.RIFAUR RAHMAN,AM: These two appeals are filed by the Revenue against the separate orders of the different ld. Commissioner of Income-tax (Appeals-43 & 23), New Delhi (hereinafter referred to ‘Ld. CIT (A)’) dated 24.09.2019 and 27.01.2020 pertaining to AYs 2016-17 & 2011-12 respectively.
2. Since the issues are common and appeals are inter-connected, the same are being disposed off by this common order.
At the time of hearing, Ld. Counsel for the assessee has submitted that the tax effect in each 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 appeals to the ITAT at Rs. 60 lakhs. He has, therefore, requested that both the Revenue’s appeals may be dismissed accordingly.
However, Ld. CIT(DR) did not oppose the aforesaid proposition.
In view of the above position, we deem it proper to dismiss these appeals 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, both the appeals of the Revenue are dismissed. Order pronounced in the open court on this 4th day of October, 2024.