DEPUTY COMMISSIONER OF INCOMETAX, CHENNAI vs. HINDUSTAN INSTITUTE OF TECHNOLOGY AND SCIENCE, CHENNAI

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ITA 622/CHNY/2024Status: DisposedITAT Chennai20 September 2024AY 2010-11Bench: SHRI ABY T VARKEY (Judicial Member), SHRI AMITABH SHUKLA (Accountant Member)2 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect involved in the appeal was Rs. 51,54,120/-, which is below the revised threshold limit of Rs. 60 lakhs for filing appeals before the ITAT, as per CBDT circular. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for assessment year 2010-11. The appeal was filed challenging an order passed by the NFAC, Delhi.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT considering the tax effect and the revised CBDT circular on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI ABY T VARKEY & SHRI AMITABH SHUKLA

Hearing: 08.08.2024Pronounced: 20.09.2024

PER AMITABH SHUKLA, A.M : This appeal is filed against the order bearing DIN & Order No.ITBA/NFAC/S/250/2023-24/1059507969(1) dated 09.01.2024 of the Learned Commissioner of Income Tax [herein after “CIT(A), National Faceless Appeal Center[NFAC], Delhi, for the assessment years 2010-

11.

Through the aforesaid appeal the assesse has challenged order u/s 250 dated 09.01.2024 passed by NFAC, Delhi.

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 appeals by the Revenue before Hon’ble Apex Court, High Court and the :- 2 -: 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.51,54,120/- 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. ( 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

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