INCOME TAX OFFICER, INTERNATIONAL TAXATION, WARD 1(2), CHENNAI, GREAMS ROAD, CHENNAI vs. KESHAV CHANDER, CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the monetary limit for filing appeals as per CBDT Circular No. 17 of 2019. The Revenue's appeal was dismissed on this ground.
What were the facts?
The Revenue filed an appeal before the ITAT challenging an order of the CIT(A). The tax effect of the relief granted by the CIT(A) was below Rs. 50 lakhs.
What were the issues?
The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit set by the CBDT.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI S.R.RAGHUNATHA
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-16, dated 19.03.2024 for the Assessment Year (hereinafter in short ‘AY’) 2019-20.
At the outset, we notice that the tax effect of the relief granted by the Ld.CIT(A) is below Rs.50 lakhs and as per Circular No.17 of 2019 dated 08.08.2019 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 Rs.20 lakhs to Rs.50 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 Rs.50 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 Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn on the strength of the CBDT Circular (supra).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 21st day of August, 2024, in Chennai.
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