ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KURNOOL vs. SURESH CONSTRUCTIONS, GUNTAKAL

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ITA 658/HYD/2023Status: DisposedITAT Hyderabad17 October 2024AY 2017-18Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (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 held that as per CBDT Circular No. 09 of 2024, appeals with a tax effect below Rs. 60,00,000/- are not maintainable before the Tribunal. The Revenue should have either not filed or withdrawn the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for the assessment year 2017-18. The tax effect involved in the appeal was less than Rs. 60,00,000/-.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the revised monetary limits for filing appeals as per CBDT circular.

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 BENCHES “B”, HYDERABAD

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

Hearing: 15/10/2024

ACIT, Circle-1 Vs. Suresh Constructions Kurnool Guntakal [PAN : ABCFS8982J] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee by: Shri S.Rama Rao, AR रधजस्‍व द्वधरध/Revenue by: Shri Madan Mohan Meena, CIT, DR सुिवधई की तधरीख/Date of hearing: 15/10/2024 घोर्णध की तधरीख/Pronouncement on: 17/10/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 01/11/2023 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Suresh Constructions (“the assessee”) for the assessment year 2017-18, Revenue preferred this appeal.

2.

We have heard the learned DR appeared on behalf of the Revenue. It is found that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 09 of 2024, dated 17/09/2024 with retrospective effect, revising the monetary limit to Rs.60,00,000/- for not filing appeals before the Tribunal. It is further found that as the tax effect involved in the instant appeal is less than Rs.60,00,000/-, the extant appeal is not maintainable. The learned DR although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.60,00,000/-.

3.

Going by the prescription of the aforenoted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.60,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this case is admittedly less than the prescribed limit, i.e., Rs. 60,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case.

4.

In the result, the appeal of the Revenue stands dismissed.

Order pronounced in the Open Court on 17th October, 2024.

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