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

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.

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.

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.

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.

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