INCOME TAX OFFICER, WARD-1, RATNAGIRI, RATNAGIRI vs. SHRI JAIN SHWETAMBAR MURTIPUJAK SANGH, RATNAGIRI

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ITA 1333/PUN/2023Status: DisposedITAT Pune27 November 2024AY 2017-18Bench: SHRI R.K. PANDA (Vice President), MS. ASTHA CHANDRA (Judicial Member)2 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the prescribed monetary limit and did not fall under any exceptions. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2017-18. The tax effect involved in the appeal was below the monetary limit fixed by the CBDT circulars.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

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

For Appellant: Shri Pramod S Shingte
For Respondent: Shri Ramnath P. Murkunde

आदेश / ORDER

PER ASTHA CHANDRA, JM :

1.

The appeal filed by the Revenue is directed against the order dated 13.10.2023 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”] pertaining to Assessment Year (“AY”) 2017-18.

2.

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 Therefore, the appeal of Revenue is dismissed as withdrawn in terms of CBDT Circular mentioned here-in-above.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.

3.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 27th November, 2024.

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