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Facts
The Revenue Department filed an appeal against an order passed by the National Faceless Appeal Center for AY 2016-17. The tax effect involved in the appeal was Rs. 12,48,000.
Held
The Tribunal noted that the CBDT circulars prescribed a monetary limit of Rs. 50 lakhs for filing appeals. As the tax effect in this case was less than the prescribed limit, the appeal was deemed not maintainable.
Key Issues
Maintainability of the appeal due to the tax effect being below the monetary limit prescribed by CBDT circulars.
Sections Cited
250 of the Income Tax Act, 1961
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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SMT. RENU JAUHARI
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Revenue against the order dated 07.08.2023, 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. 2016-17.
Admittedly tax effect, as appears in column No.10 of form No.36 filed by the Revenue Department is Rs.12,48,000/-. The CBDT vide Circular No.3/2018 dated 11.07.2018 succeeded with Circular No.17/2019, F. No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019 has prescribed the monetary limit i.e. Rs.50 lakhs, therefore, considering the fact that tax effect involved in the instant case is less than the monetary limit fixed for filing the appeal before the Tribunal, this appeal is not maintainable.
In the result, instant appeal filed by the Revenue Department stands dismissed as withdrawn.
Order pronounced in the open court on 29.05.2024.