What did the Tribunal hold?

The ITAT noted that the monetary limit for filing an appeal by the Revenue before the ITAT, as per CBDT Circular No. 09/2024, is Rs. 60 lacs. Therefore, the appeal was not maintainable.

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The tax effect involved in the appeal was Rs. 55,05,432/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit.

ITO vs Naresh Kumar | ITAT Chandigarh 2024

आदेश/Order Per Krinwant Sahay, A.M.:

Appeal in this case has been filed by the Revenue against the order of the ld. CIT(A) NFAC, Delhi dated 29.12.2023 pertaining to assessment year 2017-18.

110-Chd-2024 Naresh Kumar, Chandigarh 2

It is noted that the tax effect involved in the present appeal is Rs.55,05,432/- 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 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.

Order pronounced on 21.10.2024.

INCOME TAX OFFICER, CHANDIGARH vs. NARESH KUMAR, CHANDIGARH

What did the Tribunal hold?

What were the facts?

What were the issues?

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