INCOME TAX OFFICER COPORATE WARD 5(1), CHENNAI vs. NCS PEARSON INDIA PRIVATE LIMITED NOW KNOWN AS PEARSON INDIA EDUCATION SERVICES PRIVATE LIMITED, CHENNAI
Facts
The Revenue filed an appeal and the assessee filed a Cross Objection for AY 2013-14. The tax effect involved was Rs. 21,67,650/-. The CBDT issued Circular No. 09 of 2024, revising the monetary limit for filing appeals before the ITAT to Rs. 60 Lakhs.
Held
The Tribunal noted that the tax effect in the appeal was less than the revised monetary limit of Rs. 60 Lakhs. Therefore, the appeal was dismissed as withdrawn or not maintainable, in light of the CBDT circular. The Cross Objection was dismissed as infructuous.
Key Issues
Whether the appeal filed by the Revenue is maintainable given the revised monetary limit set by the CBDT, and the tax effect involved.
Sections Cited
IT Act
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI JAGADISH
आदेश / O R D E R PER JAGADISH, A.M :
Aforesaid appeal filed by the Revenue and Cross Objections
filed by the assessee for Assessment Year (AY) 2013-14 arises out of
the order of Learned Commissioner of Income Tax, National Faceless
Appeal Centre [NFAC], Delhi [hereinafter “CIT(A)”] dated 01.01.2024.
It was stated before us that the tax effect involved in the above
appeal is Rs. 21,67,650/-. The CBDT vide Circular No.09 of 2024
dated 17.09.2024 has revised the monetary limit for filing the appeal
by the Revenue before the ITAT to Rs. 60 Lakhs as a step towards
management of litigation. In the said circular, it is stated that in cases
where the tax effect in the appeal to be filed before the Appellate
Tribunal does not exceed Rs. 60 lakhs appeals should not be filed.
The circular also states that the monetary limit applies to the pending
appeal, which may accordingly be withdrawn. Thus, taking note of
CBDT Circular No. 09 of 2024 dated 17.09.2024 and considering the
fact that the tax effect in the instant appeal is less than Rs. 60 lakhs,
the present appeal deserves to be dismissed as withdrawn / not
maintainable. However, we make it clear that the issues raised in the
instant appeal is left open to be examined in the appropriate
proceedings, if arises, in future. At the same time, we also make it
ITA No.507/Chny/2024 & C.O No.57/Chny/2024 :- 3 -:
clear that if the appeal fall in any of the exceptions referred to in the
above said CBDT Circular, the Revenue is at liberty to move an
application for recalling the order, if so advised. Accordingly, in the
light of CBDT circular No. 09 of 2024 dated 17.09.2024, this appeal
stands dismissed.
C.O No.57/Chny/2024:
So far as the Cross Objection filed by the assessee is
concerned, the C.O was filed in support of the appellate order passed
by the Ld. CIT(A). Since, we have dismissed the appeal filed by the
Revenue, the CO filed by the assessee becomes infructuous and
liable to be dismissed. Accordingly, the C.O filed by the assessee is
dismissed.
In the result, the appeal filed by the Revenue is dismissed and
the C.O filed the assessee is dismissed.
Order pronounced on 29th November, 2024.
Sd/- Sd/- (एबी टी. वक�) (जगदीश) (Jagadish) (ABY. T. Varkey) लेखा सद! /Accountant Member �ाियक सद! / Judicial Member चे�नई/Chennai, �दनांक/Dated: 29th November, 2024. EDN/-
ITA No.507/Chny/2024 & C.O No.57/Chny/2024 :- 4 -:
आदेश क� �ितिल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकर आयु�/CIT, Salem 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF
