Facts
The Revenue preferred an appeal against the order of the CIT(A) for Assessment Year 2016-17. The tax effect of the relief granted by the CIT(A) was below ₹60 lakhs.
Held
The CBDT revised the monetary limit for filing appeals before the ITAT from ₹50 lakhs to ₹60 lakhs. The appeal filed by the Revenue was found to be below the revised monetary limit.
Key Issues
Whether the appeal filed by the Revenue is maintainable given the revised monetary limit for filing appeals as per CBDT circular.
Sections Cited
Circular No.09 of 2024 dated 17.09.2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL
आदेश / O R D E R
PER ABY T. VARKEY, JM:
This is an appeal preferred by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals), (hereinafter in short ‘the Ld.CIT(A)’), Chennai-19, dated 15.02.2024 for the Assessment Year (hereinafter in short ‘AY’) 2016-17.
At the outset, we notice that the tax effect of the relief granted by the Ld.CIT(A) is below ₹60 lakhs and as per Circular No.09 of 2024 dated 17.09.2024 issued by the Central Board of Direct Taxes (hereinafter in short ‘CBDT’), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of ₹50 lakhs to ₹60 lakhs.
The Ld.DR fairly conceded that per-se this appeal is covered by the aforesaid Circular issued by the CBDT. However, he submitted that in case, this appeal falls in the exceptional clause, the decision may be recalled. This plea of the Revenue will be considered on its merits when occasion arises and we don’t express any such commitments.
Having stated so, and having gone through the order of the Ld.CIT(A) and the grounds of appeals, we find per-se that the tax effect in the captioned appeal is less than ₹60 lakhs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn on the strength of the CBDT Circular (supra).
In the result, the appeal filed by the Revenue stands dismissed. Order pronounced on the 09th day of October, 2024, in Chennai.