ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, TRICHY, TRICHY vs. M A PARAMASIVAM AND SONS, PUDUKKOTTAI

PDF · subscribers
ITA 1345/CHNY/2023Status: DisposedITAT Chennai10 October 2024AY 2019-20Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI JAGADISH (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeal was below the monetary limit prescribed by the CBDT Circular. Therefore, the appeal was considered not maintainable or to be dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal for Assessment Year 2019-20, arising from an order of the CIT(A). The tax effect involved in the appeal was Rs. 54,47,832/-, which is less than Rs. 60 lakhs. The CBDT Circular No. 09 of 2024 states that appeals where the tax effect does not exceed Rs. 60 lakhs should not be filed.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the prescribed monetary limit as per CBDT Circular No. 09 of 2024?

Which sections of the Income-tax Act were involved?

IT Act Sections not explicitly mentioned, but the decision is based on CBDT Circular No. 09 of 2024

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI JAGADISH

Hearing: 09.10.2024Pronounced: 10.10.2024

अपीलाथ� की ओर से/ Assessee by : Shri T. Vasudevan, Advocate HIथ� की ओर से /Revenue by : Ms. Babitha, JCIT सुनवाई की तारीख/Date of Hearing : 09.10.2024 घोषणा की तारीख /Date of Pronouncement : 10.10.2024 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the Revenue for Assessment Year (AY) 2019-20 arises out of the order of Learned Commissioner of Income Tax (Appeals)-19, Chennai [hereinafter “CIT(A)”] dated 27.09.2023.

2.

It was stated before us that the tax effect involved in the above appeal is Rs. 54,47,832/- which is less than Rs. 60 lakhs. The CBDT vide Circular No.09 of 2024 dated 17.09.2024 has increased the Rs. 60 Lakhs. 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. 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that the tax effect in the instant appeal is less than Rs. 60 lakhs, the present appeal deserves to be dismissed as withdrawn / not maintainable.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 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.

3.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced on 10th October, 2024.

Recent GST High Court judgments

Search GST case law →