DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, HUBBALLI, HUBBALLI vs. SRI PRASANNA KUMAR MALLIKARJUNAPPA GOWDARA, CHIDRADURGA

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ITA 1462/BANG/2024Status: DisposedITAT Bangalore21 October 2024AY 2018-19Bench: SHRI LAXMI PRASAD SAHU (Accountant Member), SHRI SOUNDARARAJAN K. (Judicial Member)1 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

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.

What were the 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.

What were the issues?

Whether the appeal filed by the revenue is maintainable given the tax effect below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No.5/2024, Circular No.9/2024

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI LAXMI PRASAD SAHU & SHRI SOUNDARARAJAN K.

For Appellant: Smt. Nandini Das, CIT(DR), (ITAT), Bengaluru
For Respondent: Shri Ramanagowda S., Advocate
Hearing: 08.10.2024Pronounced: 21.10.2024

Per Laxmi Prasad Sahu, Accountant Member

1.

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.

2.

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.

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