DEPUTY COMMISSIONER OF INCOME TAX, JAMSHEDPUR vs. TIMNANA VENKAT SRINIVAS RAO, JAMSHEDPUR

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ITA 404/RAN/2024Status: DisposedITAT Ranchi17 February 2025AY 2017-182 pages
AI SummaryN/A

What did the Tribunal hold?

The Tribunal dismissed the revenue's appeal on grounds of maintainability, as the tax effect was below the monetary limit prescribed by the CBDT. However, the revenue was granted liberty to seek revival of the appeal if it is later found that the case falls under any exceptions to the CBDT circular.

What were the facts?

The revenue filed an appeal against an order of the NFAC/CIT(A) for AY 2017-18. The total tax effect involved in this appeal was Rs. 4,93,128/-, which is below the monetary threshold of Rs. 60.00 lacs set by CBDT Circular No. 09/2024 for filing appeals before the ITAT. The assessee did not appear for the hearing despite due notice.

What were the issues?

Maintainability of the revenue's appeal before the ITAT due to the tax effect being below the monetary limit prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH(SMC

Before: SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri Ashok Gautam, Sr.DR
Hearing: 17/02/2025Pronounced: 17/02/2025

Assessee represented by None Department represented by Shri Ashok Gautam, Sr.DR Date of hearing 17/02/2025 Date of pronouncement 17/02/2025 O R D E R PER: PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER: 1. This appeal preferred by the revenue emanates from the order of National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals) [in short, the ld. CIT(A)] dated 27/08/2024 for the Assessment Year (AY) 2017-18 as per the grounds of appeal on record.

2. At the time of hearing, none appeared on behalf of assessee, though, the notice of hearing have been duly served as per registered address.

3. Submissions of the learned Senior Departmental Representative (ld. Sr.DR) for the revenue are recorded and the matter is taken as heard.

4. I find from perusal of Form-36, the total tax effect in the present appeal is only Rs. 4,93,128/- which is less than the monetary limit of Rs.60.00 lacs for filing appeal before Income Tax Appellate Tribunal (ITAT), as fixed by the Central Board of Direct Taxes (CBDT), in its latest Circular No.09/2024 dated 17/9/2024. Thus, the appeal filed by the revenue is not maintainable and deserve to be dismissed.

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