ITAT Dismisses Department’s Appeal Against NFAC’s Order Citing Low Tax Effect
ITAT Dismisses Department’s Appeal Against NFAC’s Order Citing Low Tax Effect
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has dismissed the income tax department’s appeal citing low tax effect.
The bench of Madhumita Roy (Judicial Member) has observed that the tax effect by the department is less than Rs.60,00,000, and thus the appeal preferred by the Revenue is found to be not maintainable.
The appeal was preferred by the department against the order of the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), New Delhi, for the Assessment Year 2011-12.
At the outset, the the assessee submitted that the CBDT has issued a Circular No. 9/2024 dated 17.09.2024, by which the monetary limits for filing of appeal by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as a measure for reducing Litigation.
The revised monetary limits for filing the appeals before Appellate Tribunal, High Court and Supreme Court is Rs. 60,00,000/-, Rs. 2,00,00,000/- and Rs. 5,00,00,000/- respectively.
The tribunal observed that if the department finds at a later point of time that the tax effect in the appeal is more than Rs.60 lakhs or despite low tax effect, the appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of the order.
Case Details
Case Title: DCIT Versus Praduyman Kumar Sharma
Case No.: ITA No. 2176/DEL/2024
Date: 01.01.2025
Counsel For Appellant: CA P S Kashyap
Counsel For Respondent: Sanjay Kumar
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.
