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Facts
The Revenue preferred an appeal against an order of the National Faceless Appeal Center (NFAC) for the Assessment Year 2017-18. The appeal was considered to have a tax effect less than Rs. 60,00,000/-, as per the latest CBDT circular.
Held
The Tribunal observed that the tax effect was below the prescribed limit. Considering the facts and circumstances, the appeal was liable to be dismissed.
Key Issues
Whether the appeal of the Revenue Department should be dismissed due to the tax effect being less than the prescribed limit.
Sections Cited
250 of the Income Tax Act, 1961
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Income Tax Appellate Tribunal, MUMBAI BENCH “E”, MUMBAI
Before: SHRI BR BASKARAN & SHRI NARENDER KUMAR CHOUDHRY
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Revenue against the order dated 07.06.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2017-18.
At the outset, we observe that in this case the tax effect is less than Rs. 60,00,000/- the prescribed limit set out as per latest CBDT circular no. 9/2024 dated 17.09.2024.
Thus, considering the peculiar fact and circumstances of the case, the appeal of the Revenue Department is liable to be dismissed, however, with liberty to the Revenue Department to seek recalling of this order, on finding the circumstance or judgment contrary if any.
In the result, the Revenue’s appeal is dismissed with liberty as mentioned in para no. 3.
Order pronounced in the open court on 30.10.2024.