ITO-WARD-2(1), CHANDIGARH vs. SHRI VINAY KUMAR, CHANDIGARH

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ITA 304/CHANDI/2020Status: DisposedITAT Chandigarh22 October 2024AY 2011-12Bench: SHRI A.D. JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)4 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 held that the appeals filed by the Revenue were not maintainable due to low tax effect, as per CBDT Circular No. 09/2024. The appeals were dismissed on this ground.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A). The tax effect in one appeal was Rs. 13,89,275/- and in the other was Rs. 48,54,463/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the monetary limits prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SHRI A.D. JAIN & SHRI KRINWANT SAHAY

For Appellant: Shri Parikshit Aggarwal, CA
For Respondent: Shri Dharamvir, JCIT, DR
Hearing: 21.10.2024Pronounced: 22.10.2024

Heard together (2 matters)

ITA No. 304/CHD/2020
ITA No. 272/CHD/2016

Read from the judgment's own cause title. This page is filed under one of them.

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.

2.

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.

3.

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.

4.

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.

5.

In the result the appeal of the Revenue is dismissed.

6.

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.

7.

In the result, both appeals filed by the Revenue stand dismissed.

Order pronounced on 22.10.2024.

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