ITA Nos.1613 & 1614/Chny/2024 & CO No. 68/Chny/2024

Parties Involved

Facts Summary

The assessee, a Non-Resident individual deriving income from salary, filed his return of income on 30.08.2018 admitting income Nil for A.Y 2018-19. However, the Assessing Officer made an addition of salary income of Rs. 83,61,675/- and bank credit of Rs. 31,67,599/- in the order passed u/s. 143(3) of the Income-tax Act, 1961. The Learned Commissioner of Income Tax (Appeals) deleted the addition as the assessee is a Non-Resident and resident of Vietnam and the income has been offered in Vietnam. The Authorized Representative of the assessee submitted that the tax effect involved is below the prescribed limit as per CBDT Circular No.09 of 2024 dated 17.09.2024, and therefore, the appeal is not maintainable. The Departmental Representative submitted that the cases fall under the exceptional clause given in the circular issued by CBDT vide Circular No. 5/2024 dated 15.03.2024 for monetary limits.…

Legal Issues

• 1. Whether the appeal filed by the revenue is sustainable based on the monetary limit fixed by the CBDT for preferring the appeal before the Tribunal?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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