D.C.I.T., Circle-1(3), Surat. Vs. Batukbhai Nanjibhai Dudhat

Parties Involved

Facts Summary

This appeal by Revenue is directed against the order of National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals), [in short, the ld. CIT(A)] dated 11/01/2024 for Assessment Year (AY) 2016-17. The learned Authorised Representative (ld. AR) of the assessee submits that the tax effect involved in the present appeal is less than the monetary limit of Rs.60.00 lacs for filing appeal before Income Tax Appellate Tribunal (ITAT), as fixed by the Central Board of Direct Taxes (CBDT), in its latest Circular No.09/2024 dated 17/09/2024. The ld.AR for the assessee submits that figure of tax effect of Rs. 53,63,966/- only, as mentioned on Form-36. Thus, the appeal filed by the revenue is not maintainable and may be dismissed. The learned Senior Departmental Representative (ld. Sr. DR) for the Revenue submits that the Revenue may be given liberty to file the appropriate application for seeking the revival of appeal, in case at later stage, if it is discovered that tax effect income or the appeal is covered by any exception of circulars of CBDT.…

Legal Issues

• 1. Whether the appeal filed by the Revenue is maintainable given the tax effect is less than the monetary limit of Rs.60.00 lacs as fixed by CBDT Circular No. 09/2024?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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