DCIT vs. Smitkumar Purshottambhai Kaneria

Parties Involved

Facts Summary

The case pertains to an appeal filed by the Department of Income Tax (DCIT) against an order passed by the Commissioner of Income Tax (Appeals)-11, Ahmedabad. The appeal was filed against the order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961. The DCIT raised a ground regarding the addition of unexplained cash receipts under the head income from other sources, which was deleted by the Commissioner of Income Tax (Appeals). The tax effect of the addition was Rs.55,11,170/-. The DCIT filed the appeal on 03/05/2024, which was within the monetary limit for filing appeals before the Tribunal. However, the appeal was filed contrary to the recent Circular No. 09/2024 issued by the Central Board of Direct Taxes (CBDT) which increased the monetary limits for filing appeals.…

Legal Issues

• 1. Whether the appeal filed by the DCIT is maintainable under the new monetary limits laid down in CBDT Circular No. 09/2024?

Judgment Outcome

Decided in favour of Revenue.

Similar Judgements

• ITA No.683/Del/2024

  Delhi Bench benchAY 2017-18Dismissed

• Portescap India Pvt. Ltd. Vs. ACIT-2(3)(1)

  Mumbai bench

• Income Tax Officer, Naidu Sankul Building, Railway Station Road, Bargarh Vs. Tora Service Cooperative Sociey Limited, Tora SCS Ltd., PO: Tora, Bargarh

  Cuttack bench

• ITA No. 4390/MUM/2023

  Mumbai bench

• Income Tax Appellate Tribunal Case

  Kolkata bench

• ITO, Ward-30(1), Kolkata Vs Sarojesh Chandra Mukherjee