What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable as the tax effect was below the revised monetary limit of ₹60 lakh as per the CBDT circular. The circular also applies to pending appeals.

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The assessee cross-objected. The Revenue's appeal was based on a disputed amount where the tax effect was below the revised monetary limit set by CBDT Circular no.09 of 2024.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the revised monetary limit prescribed by the CBDT circular.

DCIT vs Manoj Kumar Vishandas Kamnani | ITAT Nagpur 2024

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER

For Appellant: Shri Himesh Demle

For Respondent: Shri Sandipkumar Salunke

Date of Hearing – 22/10/2024 Date of Order – 25/10/2024

O R D E R PER BENCH

Appeal by the Revenue and Cross Objection by the assessee are against the impugned order dated 27/01/2023, passed by the learned Commissioner

Manoj Kumar Vishandas Kamnani ITA no.89/Nag./2023 ITA no.2/Nag./2023 of Income Tax (Appeals)–3, Nagpur, [“learned CIT(A)”], for the assessment year 2020–21.

At the outset, the leaned Authorised Representative appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue is below the revised monetary limit of ` 60 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.09 of 2024, dated 17/09/2024. Thus, the learned A.R. submitted that the Revenue’s appeals being covered under the aforesaid Circular are not maintainable.

The learned Departmental Representative agreed that the tax effect on the amount disputed by the Revenue is below the monetary limit of ` 60 lakh for both the years under consideration.

Having heard the arguments of rival parties, perused the material available on record and gone through the orders of the authorities below, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of ` 60 lakh as per CBDT Circular cited supra. It also stands clarified by the CBDT that the revised monetary limit of ` 60 lakh, as per the aforesaid CBDT Circulars, would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeals deserve to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal fall under any of the exceptions provided in the CBDT Circular referred to above.

Manoj Kumar Vishandas Kamnani ITA no.89/Nag./2023 ITA no.2/Nag./2023

In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 25/10/2024

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), NAGPUR vs. MANOJ KUMAR VISHANDAS KAMNANI, NAGPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

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