INCOME TAX OFFICER, WARD-5, YAMUNA NAGAR vs. SURINDER KUMAR, YAMUNA NAGAR

PDF · subscribers
ITA 521/CHANDI/2024Status: DisposedITAT Chandigarh28 November 2024AY 2018-19Bench: SHRI RAJPAL YADAY (Vice President), SHRI KRINWANT SAHAY (Accountant 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 found that the appeal was not maintainable due to the tax effect being below the prescribed monetary limit. The Revenue's counsel could not controvert the assessee's computation.

What were the facts?

The Revenue appealed an order of the CIT(A) for AY 2018-19. The assessee's counsel submitted that the tax effect of the relief granted by the CIT(A) was below the monetary limit prescribed by CBDT Circular No. 9/2024.

What were the issues?

Whether the appeal filed by the Revenue is maintainable in light of the CBDT's monetary limit circular, given the tax effect of the relief granted.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’, CHANDIGARH

Before: SHRI RAJPAL YADAY & SHRI KRINWANT SAHAY

Hearing: 27.11.2024Pronounced: 28.11.2024

Order Per Rajpal Yadav, VP: The Revenue is in appeal against the order of ld. CIT(A), National Faceless Appeal Centre (NFAAC), Delhi dated 7.3.2024 passed for A.Y. 2018-19.

2.

The grounds of appeal taken by the Revenue are argumentative and descriptive in nature. The ld. Counsel for the Assessee at the very outset submitted that tax effect involved in the 521 -Chd-2024- Surinder Kumar, Yamunanagar 2 appeal by virtue of relief given by the CIT(A) is Rs. 59,66,702/- which is below the monetary limit provided in Circular No. 9/2024 issued by the CBDT.

3.

The ld. DR, on the other hand, contended that in the absence of details he is unable to controvert the computation placed on record by the ld. Counsel for the Assessee.

4.

We have duly considered the rival contentions and gone through the record carefully. Computation placed on record prima facie suggests that present appeal is not maintainable in view of the CBDT Circular No.9/2024, therefore, it is dismissed. However, it is observed that ld. DR was unable to controvert this calculation for want of details, if on cross verification, the ld. Assessing Officer found that tax effect is more or issue falls within the exception, as provided in the Circular, then Revenue will be at liberty to apply for recall of this order. Such application should be filed within time limit u/s 254 (2) of the Act.

5.

In the result, appeal is dismissed.

Order pronounced on 28.11.2024

Recent GST High Court judgments

Search GST case law →