DEPUTY COMMISSIONER OF INCOME TAX, JAMSHEDPUR vs. TIMNANA VENKAT SRINIVAS RAO, JAMSHEDPUR
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.
Held
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.
Key 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.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH(SMC
Before: SHRI PARTHA SARATHI CHAUDHURY
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH(SMC), RANCHI BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA No. 404/Ran/2024 (Assessment Year 2017-18) D.C.I.T., Timnana Venkat Srinivas Rao, Circle-1, G-4, Ram Deo Bagan, Ramdeo Bagan Vs. Jamshedpur. Golmuri, Jamshedpur-831009 (Jharkhand) PAN No. AKVPR 4271 P Appellant/ Assessee Respondent/ Revenue
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.
ITA No. 404/Ran/2024 DCIT Vs Timnana Venkat Srinivas Rao 5. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the Revenue after going through Form-36 submitted that the Revenue may be given liberty to file the appropriate application for seeking the revival of appeal, in case at later stage, it is found that tax effect income or the appeal is covered by any of the exceptions of circulars of CBDT. 6. I have considered carefully the documents on record and the submissions of the ld. Sr.DR for the revenue. I have observed that the tax effect in this appeal is of Rs. 4,93,128/-, which is less than the monetary limit of Rs.60.00 lacs as fixed by CBDT Circular No. 09/2024 dated 17/09/2024 for filing appeal before the Tribunal. Hence, the appeal filed by the Revenue is dismissed. However, the Revenue is given liberty to get the appeal revived, if at later stage, it is found that grounds raised by the Revenue is covered by any of the exceptions clause of the circular of CBDT. As per above terms, appeal of the Revenue is dismissed. 7. In the result, this appeal of revenue is dismissed. Order announced in open court on 17th February, 2025. Sd/- (PARTHA SARATHI CHAUDHURY) JUDICIAL MEMBER Ranchi, Dated: 17/02/2025 *Ranjan Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi
