What did the Tribunal hold?

The ITAT noted that the tax effect was below the monetary limit prescribed by the CBDT for filing appeals. Therefore, the appeal was dismissed on the grounds of low tax effect.

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2018-19. The tax effect involved in the appeal was Rs. 44,469/-.

What were the issues?

Maintainability of the appeal due to low tax effect as per CBDT circular.

ITO vs Neyna Devi, Rajpura Town | ITAT Chandigarh 2024

Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Revenue against the order of the Ld. CIT(A)/ NFAC, Delhi dt. 29/11/2023 pertaining to A.Y 2018-19.

It is noted that the tax effect involved in the present appeal is Rs. 44,469/-. Accordingly, in terms of the CBDT Circular dated 08.08.2019 wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITAT as Rs. 50 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 in the open Court on 30/07/2024. परेश म. जोशी िव"म िसंह यादव (PARESH M. JOSHI) ( VIKRAM SINGH YADAV) "ाियक सद" / JUDICIAL MEMBER लेखा सद"/ ACCOUNTANT MEMBER

INCOME TAX OFFICER, WARD-RAJPURA, RAJPURA vs. NEYNA DEVI, RAJPURA TOWN

What did the Tribunal hold?

What were the facts?

What were the issues?

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