ACIT., CIRCLE-1, NELLORE vs. SHANTILAL JAIN, NELLORE

PDF · subscribers
ITA 735/HYD/2024Status: DisposedITAT Hyderabad19 December 2024AY 2017-18Bench: Shri Manjunatha G. (Accountant Member), Shri K. Narasimha Chary (Judicial Member)3 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 dismissed the appeal as not maintainable, citing a CBDT circular that sets a monetary limit for filing appeals. The issues raised were left open for future proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2017-18. The tax effect in the appeal was less than Rs. 60 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit in the CBDT circular is maintainable before the ITAT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad

Before: Shri Manjunatha G. & Shri K. Narasimha Chary

Hearing: 19/12/2024

(निर्धारण वर्ा/Assessment Year: 2017-18) ACIT, Circle-1 Vs. Shantilal Jain Nellore Nellore [PAN : AFLPS6759J] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri D.Anand, AR रधजस् व द्वधरध/Revenue by:: Shri R.Kumaran, DR सुिवधई की तधरीख/Date of hearing: 19/12/2024 घोर्णध की तधरीख/Date of 19/12/2024 Pronouncement: आदेश / ORDER PER. MANJUNATHA G., A.M: This appeal filed by the Revenue is directed against the order dated 07.06.2024 of the learned Commissioner of Income Tax [Ld.CIT (A)], National Faceless Appeal Centre (NFAC), Delhi, pertaining to A.Y.2017-18.

2.

It is stated before us that the tax effect in this appeal is less than Rs.60 lakhs and therefore the Circular No.279/Misc./M-74/2024-ITJ, dated 17.09.2024 issued by the Central Board of Direct Taxes (CBDT) issued in amendment to Circular 5 of 2024 under 2 Sec.268A(1) of the I.T. Act comes into play, wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 2 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs. 60 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.(F.279/Misc./M074/2024- ITJ),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 not pressed/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 falls 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.

3.

Accordingly in the light of CBDT Circular No. No.(F.279/Misc./M074/2024-ITJ),dated 17.09.2024, the appeal filed by the Revenue stands dismissed.

3 Order pronounced in the Open Court on 19th December, 2024.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →