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Facts
The Revenue preferred an appeal against the order dated 07-12-2023, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) for the Assessment Year 2015. The tax effect in this case was less than Rs. 50,00,000/-, as per CBDT Circular No.17/2019.
Held
The Tribunal noted that as per CBDT Circular No.17/2019, the Revenue is precluded from filing an appeal if the tax effect is less than Rs. 50,00,000/-. This factual position was conceded by the Ld. D.R.
Key Issues
Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect involved.
Sections Cited
250 of the Income Tax Act, 1961
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Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI GIRISH AGRAWAL
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Revenue against the order dated 07-12-2023, 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. 2015.
2 M/s. Shree Ramkrishna Exports Pvt. Ltd.
Admittedly in this case tax effect is less than 50,00,000/-. As per CBDT Circular No.17/2019 dated 8th August, 2019, the Revenue in precluded from filling any appeal before the Tribunal in case the tax effect involved in a case is less than Rs.50,00,000/- and this factual position has been fairly conceded by the Ld. D.R. therefore, the present appeal is not maintainable, hence the same is hereby dismissed being infructuous, however subject to liberty to the department to seek recall of this order, in case the present appeal is found to be maintainable at any stage for any technical reasons.
in the result, this appeal is dismissed being not maintainable.
Order pronounced in the open court on 25.06.2024.