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Facts
The Revenue filed an appeal against the order of the CIT(A) for AY 2021-22. The assessee's counsel submitted that the tax effect in this appeal was Rs. 54,35,238/-, which is below the monetary limit prescribed by the CBDT for filing appeals.
Held
The Tribunal noted that the disputed addition was below the monetary limit fixed by the CBDT for filing appeals. Therefore, the appeal filed by the revenue was considered not maintainable.
Key Issues
Whether the Revenue's appeal is maintainable considering the tax effect is below the CBDT prescribed monetary limit.
Sections Cited
IT Act sections not specified in the provided text, but monetary limits by CBDT circular are referenced.
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
O R D E R Per Bench This is an appeal filed by the revenue against the order of the ld This is an appeal filed by the revenue against the order of the ld This is an appeal filed by the revenue against the order of the ld CIT(A), Patna-3 dated 4.5.2023 in Appeal No. CIT(A), Patna 3 dated 4.5.2023 in Appeal No. CIT(A), Patna-3/10138/2020 3/10138/2020-21 for the assessment year 2021 assessment year 2021-22.
P a g e 1 | 3
Shri Khub Chand Pandya, ld Sr DR appeared for the revenue and Shri AkshyaRingasia, ld AR appeared for the assessee.
3. At the very outset, ld AR submitted that the tax effect in this appeal is Rs.54,35,238/- and hence, in view of the CBDT Circular No.9 /2024 dated 17.9.2024, 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. Ld Sr DR accepted that the tax effect is below the threshold limit prescribed by the CBDT vide the above circular.
We have considered the rival submissions. A perusal of the assessment order as well as order of ld CIT(A) shows that the disputed addition is only Rs.54,35,238/-, which is below the monetary limit fixed by CBDT of Rs.60,00,000/- for filing of appeal by the revenue before the ITAT. As the tax effect is below Rs.60,00,000/-, we are of the view that the appeal filed by the revenue is not maintainable and consequently, same stands dismissed.
In the result, appeal of the revenue stands dismissed.
Order dictated and pronounced in the open court on 9/06/2025.