ITO, NCW-10(6), CHENNAI V. VENKATARAMAN RAVINDRAN, CHENNAI

ITA 2295/CHNY/2024

AI Insights

The case involves an appeal by the Revenue against an order from the Learned Commissioner of Income Tax, National Faceless Appeal Centre, Delhi, concerning an assessment for the year 2017-18. The appeal was initially delayed by 16 days, for which a condonation petition was filed and accepted. However, the primary reason for dismissing the appeal was the monetary limit set by the CBDT Circular No.09 of 2024, which restricts filing appeals where the tax effect is below Rs. 60 lakhs. The court acknowledged the possibility of revisiting the issues in future cases if they fall under exceptions specified in the circular.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 107062 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-12-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 30-08-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K. ROHAN RAJ
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

"आयकर अपीलीय अिधकरण, ‘ए’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI \u0019ी यस यस िव\u001cने\u001e रिव, \u0011ा ियक सद एवं \u0019ी जगदीश, लेखा सद क े सम' BEFORE SHRI SS VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2295/Chny/2024 िनधा 8रण वष8 /Assessment Year: 2017-18 The Income Tax Officer, Non Corporate Ward-10(6), Chennai. Vs. Venkataraman Ravindran, F.2, Jovee Builder, Plot No.105, Brindavan Nagar Main Road, Valsaravakkam, Chennai – 600 087. [PAN: AAJPR 0133J] (अपीलाथ\u0007/Appellant) (\b\tयथ\u0007/Respondent) अपीला थG की ओर से/Assessee by : None IJथG की ओर से /Revenue by : Shri K. Rohan Raj, Addl. CIT सुनवा ई की ता रीख/Date of Hearing : 03.12.2024 घोषणा की ता रीख /Date of Pronouncement : 06.12.2024 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the Revenue for Assessment Year (AY) 2017-18 arises out of the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter “CIT(A)”] dated 15.06.2024 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 147 of the Income-tax Act, 1961 (hereinafter “the Act”). ITA No.2295/Chny/2024 :- 2 -: 2. There is a delay of 16 days in filing the appeal by the Revenue. The Revenue has filed condonation petition/affidavit stating the reasons for delay in filing the appeal. We have considered the petition of delay in filing the appeal and satisfied that there was sufficient cause for not filing the appeal within the prescribed time limit. Hence, the delay is condoned accordingly. 3. It was stated before us that the tax effect involved in the above appeal is Rs.20,00,000/- which is less than Rs. 60 lakhs. The CBDT vide Circular No.09 of 2024 dated 17.09.2024 has increased the monetary limit for filing the appeal by the Revenue before the ITAT to Rs. 60 Lakhs. 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. 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 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 ITA No.2295/Chny/2024 :- 3 -: 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. 4. In the result, the appeal filed by the Revenue is dismissed. Order pronounced on 06th December, 2024. Sd/- Sd/- (यस यस िव\u001cने\u001e रिव) (SS Viswanethra Ravi) \u0001याियक \u0001याियक \u0001याियक \u0001याियक सद\bय सद\bय सद\bय सद\bय / Judicial Member (जगदीश) (Jagadish) लेखा लेखा लेखा लेखा सद\u0011य सद\u0011य सद\u0011य सद\u0011य /Accountant Member चे\u0013नई/Chennai, \u0016दनांक/Dated: 06th December, 2024. EDN/- आदेश क\u0019 \bितिल\u001cप अ\u001dे\u001cषत/Copy to: 1. अपीलाथ\u0007/Appellant 2. \b\tथ\u0007/Respondent 3. आयकर आयु\u000f/CIT, Chennai 4. िवभागीय \bितिनिध/DR 5. गाड\u0018 फाईल/GF "