INCOME TAX OFFICER, PARWANOO vs. MS SMART ENTERPRISES, PARWANOO

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ITA 260/CHANDI/2024Status: DisposedITAT Chandigarh08 October 2024AY 2013-14Bench: SHRI A.D.JAIN (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 held that the appeals were not maintainable as the tax effect was below the monetary limit of Rs. 60 lacs specified by the CBDT Circular No. 09/2024. The appeals were dismissed on this ground.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2013-14 and 2016-17. The tax effect involved in one appeal was Rs. 58,43,148/-, and in the other, Rs. 13,05,224/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT due to low tax effect, as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

CBDT Circular No.09/2024

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH

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

For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr.DR
Hearing: 23.09.2024Pronounced: 08.10.2024

आदेश/ORDER

PER A.D.JAIN, VICE PRESIDENT

1.

Both these appeals are filed by the Revenue against the separate order of the Ld. CIT(A) NFAC, Delhi dated 18.01.2024 pertaining to assessment year 2013-14 and 2016-17 respectively.

2.

It is noted that the tax effect involved in the present appeal is Rs.58,43,148/-. Accordingly, in terms of the CBDT Circular No.09/2024 dated 17.09.2024, wherein the ITA 260&263/CHD/2024 A.Y. 2013-14, 2016-17 2 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 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.13,05,224/-. 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.

ITA 260&263/CHD/2024 A.Y. 2013-14, 2016-17 3

7.

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

Order pronounced on 8th October,2024.

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