ASSISTANT COMMISSIONER OF INCOME TAX ,CENTRAL CIRCLE -3(4), HYDERABAD vs. SV MULTI LOGITECH PRIVATE LIMITED , HYDERABAD
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 CBDT Circular No. 279/Misc./M-74/2024-ITJ mandates that appeals with a tax effect below Rs. 60 lakhs should not be filed before the Tribunal. Therefore, the appeal was dismissed.
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 this 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 by CBDT circular is maintainable before the ITAT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad
Before: Shri Manjunatha G. & Shri K. Narasimha Chary
(निर्धारण वर्ा/Assessment Year: 2017-18) Asstt. Commissioner of Vs. SV Multi Logitech Private Income Tax Ltd., Central Circle-3(4) Secunderabad Hyderabad [PAN : AASCS7131D] (Appellant) (Respondent) रधजस् व द्वधरध/Revenue by: Shri Srinath Sadanala, DR निर्धाररती द्वधरध/Assessee by: Shri P.Murali Mohan Rao, AR सुिवधई की तधरीख/Date of hearing: 25/11/2024 घोर्णध की तधरीख/Pronouncement: 25/11/2024 आदेश/ORDER Per Manjunatha, G. A.M This appeal filed by the Revenue is directed against the order dated 04/09/2020 of the learned CIT (A)-11, Hyderabad relating to A.Y.2017-18.
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 17th September, 2024 issued by the Central Board of Direct Taxes (CBDT) issued in amendment to Circular 5 of 2024 under Sec.268A(1) of the I.T. Act comes into play, wherein, the monetary limit for filing the appeals by Page 1 of 3 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.
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.
Order pronounced in the open Court at the time of hearing itself i.e. on 25th November, 2024.
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