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Facts
The Revenue filed an appeal against the order dated 31.05.2024. The appeal was filed with a delay of 2 days, which was condoned by the tribunal as the reasons were bonafide. The assessee-respondent remained ex-parte.
Held
The tribunal noted that the tax effect in the appeal was less than the monetary limit prescribed by the CBDT for filing appeals. The Id. DR conceded this point, and the tribunal held that the appeal was not maintainable.
Key Issues
Whether the appeal filed by the Revenue is maintainable given the tax effect is below the monetary limit prescribed by CBDT?
Sections Cited
IT Act sections
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Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
O R D E R
PER S.R. RAGHUNATHA, ACCOUNTANT MEMBER:
This appeal filed by the Revenue is directed against the order dated 31.05.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2013-14.
We find that this appeal was filed with a delay of 2 days. The Appellant-Revenue filed an affidavit stating reasons for the said delay. On perusal of the same, we find that the reasons stated by the Revenue are bonafide, which really prevented in filing the appeal in time. Thus, the delay of 2 days is condoned and admitted the appeal for adjudication.
We find no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee-respondent called absent and set exparte. We proceed to decide the appeal after hearing the ld. DR and basing on the material available on record.
When the appeal was taken up for hearing, we note that the tax effect in the appeal filed by the Revenue is less than the monetary limit of ₹.60,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 06/2024, dated 17.09.2024. The ld. DR fairly conceded and being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.60,00,000/- in this appeal. Thus, the appeal filed by the Revenue is liable to be dismissed as not maintainable. Accordingly, the appeal filed by the Revenue is dismissed.