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Facts
The revenue filed an appeal against the CIT(A)'s order for AY 2015-16, where the CIT(A) had quashed the assessment solely on the ground of reopening. The Sr. DR conceded that the disputed tax effect was below the threshold limit of Rs. 60 lakhs prescribed by the CBDT for filing appeals.
Held
The tribunal held that since the tax effect involved (below Rs. 60 lakhs) is below the monetary limit for filing appeals by the revenue, as per CBDT Circular No. 9/2024 dated 17.9.2024, the revenue's appeal is not maintainable. It further clarified that the exception clause does not apply as the CIT(A) quashed the assessment on technical grounds (reopening) and not on merits.
Key Issues
Whether an appeal filed by the revenue is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT, especially when the CIT(A)'s order quashed the assessment on grounds of reopening and not on merits.
Sections Cited
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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAYShri Ganpati Homes Private Limited,
Assessee represented by None Department represented by Shri Khub Chand Pandya, Sr.DR Date of hearing 08/10/2025 Date of pronouncement 08/10/2025 O R D E R PER: BENCH 1. This is an appeal filed by the revenue against the order of the ld. CIT(A), NFAC, Delhi in Appeal No. NFAC/2014-15/10126987 dated 18/09/2023 for the A.Y. 2015-16.
None represented on behalf of the assessee and Shri Khubchand T. Pandya, ld. Sr.DR represented on behalf of the revenue.
At the very outset, ld AR submitted that in this appeal the disputed tax effect is below the threshold limited prescribed by CBDT in its Circular No.9 /2024 dated 17.9.2024, as per which, the revenue could not have filed appeal where the tax effect is below Rs.60,00,00/-. Hence, it was his prayer that the appeal of the revenue is not maintainable.