ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KURNOOL vs. SUBRAMANYAM REDDIVARI, DHARMAVARAM

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ITA 77/HYD/2024Status: DisposedITAT Hyderabad10 October 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 noted that as per a recent CBDT circular, appeals with a tax effect below Rs. 60 lakhs should not be filed. Therefore, the appeal was dismissed as not maintainable.

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 is maintainable when the tax effect is below the monetary limit prescribed by the 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 ‘ A ‘ Bench, Hyderabad

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

Hearing: 10/10/2024

(िनधा�रण वष�/Assessment Year: 2017-18) Asstt. Commissioner of Vs. Shri Subramanyam Income Tax, Circle 1 Reddivari, Dharmavaram Kurnool PAN:AHAPR4235K (Appellant) (Respondent) राज� व �ारा/Revenue by: Shri Vamsi Krishna, DR िनधा��रती �ारा/Assessee by: Shri K.C. Devdas, CA सुनवाई की तारीख/Date of hearing: 10/10/2024 घोषणा की तारीख/Pronouncement: 10/10/2024 आदेश/ORDER Per Manjunatha, G. A.M This appeal filed by the assessee is directed against the order dated 4/12/2023 of the learned CIT (A)-NFAC Delhi, relating 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 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.

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.

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