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Facts
The revenue filed an appeal against the order dated 27.5.2024 of the CIT(Appeals)-2 for AY 2018-19. The tax effect in this appeal was Rs.55,08,158.
Held
The Tribunal held that as per CBDT Circulars, appeals with a tax effect less than Rs.60 lakhs are not maintainable. Since the tax effect in this appeal was less than Rs.60 lakhs, it was liable to be dismissed.
Key Issues
Whether the appeal filed by the revenue is maintainable given the tax effect below the monetary limit prescribed by CBDT circulars.
Sections Cited
CBDT Circular No.5/2024, Circular No.9/2024
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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI LAXMI PRASAD SAHU & SHRI SOUNDARARAJAN K.
Per Laxmi Prasad Sahu, Accountant Member
This appeal is filed by the revenue against the order dated 27.5.2024 of the CIT(Appeals)-2, Panaji, Goa, for the AY 2018-19.
The tax effect in this appeal by the revenue is Rs.55,08,158. In view of the CBDT Circular No.5/2024 (F.No.279/Misc./M-742024-ITJ dated 15.03.2024 and Circular No.9/2024 dated 17.09.2024 revising the monetary limit of Rs.60 lakhs for filing appeal before the ITAT and it applies even to pending appeals, the revenue cannot file appeals before the Tribunal where the tax effect is less than Rs.60 lakhs. Since the tax effect in the present appeal is less than Rs.60 lakhs, this appeal of the revenue is liable to be dismissed as not maintainable. Accordingly, the appeal of the revenue is dismissed. The appellant is given liberty to file rectification application if it is found that the issue raised in grounds of appeal comes under any of the exception class of the above circular issued.
Pronounced in the open court on this 21st day of October, 2024.