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Facts
The Revenue filed an appeal for assessment year 2010-11 against the CIT(A)'s order, which was issued under section 143(3) of the Income-tax Act. The assessee did not appear for the hearing.
Held
The tribunal noted that the tax effect of the Revenue's appeal was below the threshold prescribed by CBDT Circular No. 9/2024. The Departmental Representative did not dispute the applicability of this circular to pending appeals.
Key Issues
Whether the Revenue's appeal should be dismissed based on the tax effect threshold set by a recent CBDT circular.
Sections Cited
143(3), Income-tax Act, 1961
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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This Revenue’s appeal for assessment year 2010-11, arises against the Commissioner of Income Tax (Appeals) [in short, the “CIT(A)], Gwalior’s order dated 06.12.2013 in Appeal No. 423/IT/11- 12/Gwl, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs. 59,45,870/- which is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024.
Learned Departmental Representative is indeed very fair in not disputing the fact that the CBDT's foregoing tax effect circular has been made applicable with retrospective effect on all pending appeals as well.
We thus reject the Revenue's instant appeal for this precise reason subject to all just exceptions.
This Revenue's appeal is dismissed in above terms. Order pronounced in the open court on 11TH February, 2025.