ITO, WARD-14(1), PUNE, BODHI TOWER vs. PRATAP GANPATRAO PAWAR, HADAPSAR

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ITA 1354/PUN/2024Status: DisposedITAT Pune12 November 2024AY 2017-18Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (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 the CBDT Circular No. 09/2024 which mandates that appeals with a tax effect below Rs. 60 lakhs should not be filed or should be withdrawn. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A)/NFAC for AY 2017-18. The tax effect in the appeal was less than Rs. 60 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the prevailing CBDT circular on litigation reduction.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R. K. PANDA & SHRI VINAY BHAMORE

For Respondent: Shri Arvind Desai
Hearing: 09.10.2024Pronounced: 12.11.2024

Assessment Year: 2017-18 Pratap Ganpatrao Pawar, ITO, Ward-14(1), Pune. Vs. Shop No.A 10, PMT Complex, Hadapsar, Pune- 411028. PAN : ADDPP6566C Appellant Respondent Revenue by : Shri Arvind Desai Assessee by : None Date of hearing : 09.10.2024 Date of pronouncement 12.11.2024 : आदेश / ORDER

PER VINAY BHAMORE, JM:

1.

This appeal filed by the Revenue is directed against the order dated 16.04.2024 passed by LD. CIT(A)/NFAC for the assessment year 2017-18.

2.

It is stated before us that the tax effect in the present appeal is less than Rs.60 lakhs and therefore, the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 5 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. And vide para 5 of the said circular (supra) it is also stated that in cases where the tax effect in the pending appeals before the Appellate Tribunal does not exceed Rs.60 lakhs, appeals should be withdrawn. Thus, taking a note of CBDT Circular No.09/2024, 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 are 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. Accordingly, in the light of CBDT Circular No.09/2024 dated 17/09/2024, the appeal filed by the Revenue stands dismissed.

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