INCOME TAX OFFICER, CHENNAI vs. KAAKKUM KARANGAL, CHENNAI
Facts
The Revenue filed an appeal against an order of the Addl./Jt. Commissioner of Income Tax for the assessment years 2022-2023. The appeal was challenged based on a circular by the CBDT modifying the threshold limits for filing appeals.
Held
The tribunal noted that appeals before ITAT are maintainable only if the tax effect exceeds Rs.60 lakhs, as per the circular. The tax effect in this appeal was Rs.56,16,878/-, which is less than the prescribed limit.
Key Issues
Whether the appeal filed by the Revenue is maintainable given the tax effect is below the prescribed threshold limit as per CBDT circular.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T VARKEY & SHRI AMITABH SHUKLA
आयकर अपीलीय अधिकरण, ‘ए’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI श्री एबी टी. वर्की, न्याययर्क सदस्य एवं श्री अमिताभ शुक्ला, लेखा सदस्य के समक्ष BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.1311/Chny/2024 निर्धारण वर्ा /Assessment Years: 2022-23 Income Tax Officer, Kaakkum Karangal, Exemptions, Ward-3 No.No.89, Santhome High Road, Nungambakkam, Raja Annamalaipuram, Chennai Chennai-28 [PAN: AAATK5406E]
(अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant by : Shri P.M.Kathir, Advocate प्रत्यर्थी की ओर से /Respondent by : Shri Dr.Samuel Pitta, JCIT सुनवाई की तारीख/Date of Hearing : 12.08.2024 घोषणा की तारीख /Date of Pronouncement : 20.09.2024 आदेश / O R D E R PER AMITABH SHUKLA, A.M : This appeal is filed against the order bearing DIN & Order No.ITBA/APL/S/250/2023-24/1063033265(1) dated 20.03.2024 of the Learned Addl./Jt. Commissioner of Income Tax , for the assessment years 2022-2023. Through the aforesaid appeal the Revenue has challenged order u/s 250 dated 07.12.2023 passed by Addl / JCIT(A), Panchkula. 2.0 In this case we take judicial notice of circular No.09/2042 dated 17.09.2024 issued by CBDT, whereby the threshold limits for filing of
ITA No.1311/Chny/2024 :- 2 -: appeals by the Revenue before Hon’ble Apex Court, High Court and the ITATs have been modified. Thus, appeals before the ITAT are only maintainable in case where tax effect involved exceeds Rs.60 lakhs. It has also been noted that as per para-5 of the impugned circular, this threshold limit is also applicable in respect of all pending appeals before the said appellate authorities. Perusal of Form 36 appended shows that the appeal of the revenue is non-maintainable as the tax effect involved therein is Rs.56,16,878/- and which is less than Rs.60 lakhs. Accordingly, the appeal filed by the revenue is dismissed. 3.0 In the result the appeal is dismissed. Order pronounced on 20th , September, 2024 at Chennai. Sd/- Sd/- ( एबी टी. वकी) (अमिताभ शुक्ला) (ABY T VARKEY) (AMITABH SHUKLA) न्याययक सदस्य / Judicial Member लेखा सदस्य /Accountant Member चेन्नई/Chennai, ददनांक/Dated: 20th ,September, 2024. KB/- आदेश की प्रयतललपप अग्रेपषत/Copy to: 1. अपीलार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकर आयुक्त/CIT - Chennai 4. पवभागीय प्रयतयनधि/DR 5. गार्ड फाईल/GF
