What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the low tax effect, as per the CBDT circulars. Therefore, the appeal was dismissed as withdrawn.

The Revenue filed an appeal against the order of the CIT(A) for AY 2016-17. The tax effect involved in the appeal was below the monetary limit prescribed by CBDT circulars.

What were the issues?

Maintainability of the appeal due to tax effect being below the prescribed monetary limit.

DCIT vs Ashirwad Charitable Trust, Thane | ITAT Pune 2024

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA

For Appellant: Shri Raja B Singh &

For Respondent: Shri Ramnath P. Murkunde

आदेश / ORDER

PER ASTHA CHANDRA, JM :

The appeal filed by the Revenue is directed against the order dated 06.12.2023 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”] pertaining to Assessment Year (“AY”) 2016-17.

Admittedly, the tax effect involved in the appeal is below monetary limit of Rs.60 lakhs fixed by the CBDT vide its latest Circular No. 5/2024 (F.No.279/Misc.142/2007-ITJ(Pt.)) dated 15.03.2024 and Circular No. 09/2024 (F.No.279/Misc./M-74/2024-ITJ) dated 17.09.2024 and are not falling under the exceptions provided under the above said Circular. Thus, grounds raised by the Revenue in the appeal fails and the appeal is not maintainable. Therefore, the appeal of Revenue is dismissed as withdrawn in terms of CBDT Circular mentioned here-in-above. However, in case, the present appeal is found to be maintainable at any stage for any technical reasons, the Revenue shall be at liberty to seek recall of this order under relevant provisions of law.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 05th December, 2024.

DCIT, SWARGATE PMT BUILDING vs. ASHIRWAD CHARITABLE TRUST, THANE

What did the Tribunal hold?

What were the facts?

What were the issues?

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