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Income Tax Appellate Tribunal, CHANDIGARH BENCH ‘B’, CHANDIGARH
Before: SHRI A.D. JAIN & SHRI KRINWANT SAHAY
304-C-2020 & 278-C-2016 - Vinay Kumar, Chandigarh 2 आदेश/ORDER Per Krinwant Sahay, A.M.:
Both these appeals are filed by the Revenue against the separate orders of the ld. Commissioner of Income Tax (Appeals)-1, Chandigarh, each dated 15.03.2019.
It is noted that the tax effect involved in the present appeal is Rs.13,89,275/-. Accordingly, in terms of the CBDT Circular No.09/2024 dated 17.09.2024, wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITAT as Rs. 60 lacs, the appeal so filed by the Revenue is not maintainable.
In view of the above facts and circumstances, the present appeal filed by the Department is dismissed due to low tax effect with a liberty to seek recall in case the matter falls under any of the exceptions so carved out in the aforesaid circular.
It is, however, clarified that the dismissal of the above appeal shall not be taken to be affirmation of the order of the 304-C-2020 & 278-C-2016 - Vinay Kumar, Chandigarh 3 CIT(A) on merits. The legal issue raised by the Revenue is being left open to be adjudicated in an appropriate case.
In the result the appeal of the Revenue is dismissed.
Similarly, the tax effect involved in is Rs.48,54,463/-. Therefore, in terms of the CBDT Circular dated 17.09.2024 wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITAT as Rs.60 lacs, the appeal so filed by the Revenue is not maintainable and is, accordingly, dismissed.
In the result, both appeals filed by the Revenue stand dismissed.
Order pronounced on 22.10.2024.
( A. D. JAIN ) ( KRINWANT SAHAY) Vice President Accountant Member “आर.के.” आदेश क� ��त�ल�प अ�े�षत / Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT