AI Insights
The case involves an appeal by the Income Tax Officer, Corporate Ward-5(1), Chennai against NCS Pearson India Pvt. Ltd. (now known as Pearson India Education Services Pvt. Ltd.) concerning the Assessment Year 2013-14. The appeal and the subsequent Cross Objection were related to a decision made by the Learned Commissioner of Income Tax, National Faceless Appeal Centre, Delhi. The primary legal issue was the tax effect amounting to Rs. 21,67,650, which was below the newly revised monetary limit for filing appeals set by the CBDT Circular No. 09 of 2024. Both the appeal and the Cross Objection were dismissed as the monetary threshold was not met, rendering the appeal not maintainable and the Cross Objection infructuous.
Appeal details
Counselvise Citation
[2024] 140 COUNSELVISE.COM (IT) 472184 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
9 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
29-11-2024
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
21-11-2024
Assessment Year
2013-2014
Appeal Filed On
26-02-2024
Judgement Text
" आयकर अपीलीय अिधकरण, ‘ए’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI \u0019ी एबी टी. वक\u001e, \u0011ा ियक सद! एवं \u0019ी जगदीश, लेखा सद! क े सम( BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.507/Chny/2024 िनधा9रण वष9 /Assessment Year: 2013-14 The Income Tax Officer, Corporate Ward-5(1), Chennai. Vs. NCS Pearson India Pvt. Ltd., (now known as Pearson India Education Services Pvt. Ltd.), 7th floor, SBD2 ODC 7, 8 & 9, Survey No.01, ELCOT IT/ITES SEZ, Sholinganallur, Chennai – 600 119. [PAN: AABCE 4944M] (अपीलाथ\u0007/Appellant) (\b\tयथ\u0007/Respondent) आयकर अपील सं./C.O No.57/Chny/2024 (Arising in ITA No.507/Chny/2024) िनधा9रण वष9 /Assessment Year: 2013-14 NCS Pearson India Pvt. Ltd., (now known as Pearson India Education Services Pvt. Ltd.), 7th floor, SBD2 ODC 7, 8 & 9, Survey No.01, ELCOT IT/ITES SEZ, Sholinganallur, Chennai – 600 119. [PAN: AABCE 4944M] Vs. The Income Tax Officer, Corporate Ward-5(1), Chennai. (अपीलाथ\u0007/Cross Objector) (\b\tयथ\u0007/Respondent) अपीलाथ\u001e की ओर से/ Assessee/Cross Objector by : Shri R. Vijayaraghavan, Advocate MNथ\u001e की ओर से /Revenue by : Mrs. G. Saratha, Addl. CIT सुनवाई की तारीख/Date of Hearing : 21.11.2024 घोषणा की तारीख /Date of Pronouncement : 29.11.2024 ITA No.507/Chny/2024 & C.O No.57/Chny/2024 :- 2 -: आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the Revenue and Cross Objections filed by the assessee for Assessment Year (AY) 2013-14 arises out of the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre [NFAC], Delhi [hereinafter “CIT(A)”] dated 01.01.2024. 2. It was stated before us that the tax effect involved in the above appeal is Rs. 21,67,650/-. The CBDT vide Circular No.09 of 2024 dated 17.09.2024 has revised the monetary limit for filing the appeal by the Revenue before the ITAT to Rs. 60 Lakhs as a step towards management of litigation. In the said circular, it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 60 lakhs appeals should not be filed. The circular also states that the monetary limit applies to the pending appeal, which may accordingly be withdrawn. Thus, taking note of CBDT Circular No. 09 of 2024 dated 17.09.2024 and considering the fact that the tax effect in the instant appeal is less than Rs. 60 lakhs, the present appeal deserves to be dismissed as withdrawn / not maintainable. However, we make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it ITA No.507/Chny/2024 & C.O No.57/Chny/2024 :- 3 -: clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so advised. Accordingly, in the light of CBDT circular No. 09 of 2024 dated 17.09.2024, this appeal stands dismissed. C.O No.57/Chny/2024: 3. So far as the Cross Objection filed by the assessee is concerned, the C.O was filed in support of the appellate order passed by the Ld. CIT(A). Since, we have dismissed the appeal filed by the Revenue, the CO filed by the assessee becomes infructuous and liable to be dismissed. Accordingly, the C.O filed by the assessee is dismissed. 4. In the result, the appeal filed by the Revenue is dismissed and the C.O filed the assessee is dismissed. Order pronounced on 29th November, 2024. Sd/- Sd/- (एबी टी. वक\u001e) (ABY. T. Varkey) \u0011ाियक सद! / Judicial Member (जगदीश) (Jagadish) लेखा सद! /Accountant Member चे\u0010नई/Chennai, \u0013दनांक/Dated: 29th November, 2024. EDN/- ITA No.507/Chny/2024 & C.O No.57/Chny/2024 :- 4 -: आदेश क\u0016 \bितिल\u0019प अ\u001aे\u0019षत/Copy to: 1. अपीलाथ\b/Appellant 2. \t थ\b/Respondent 3. आयकर आयु\u0010/CIT, Salem 4. िवभागीय \tितिनिध/DR 5. गाड\u0019 फाईल/GF "
