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Facts
The Revenue filed an appeal against the CIT(A)/NFAC's order for AY 2018-19, concerning proceedings under Section 147 of the Income Tax Act. The appeal involved a tax effect of Rs.17,21,590.
Held
The Tribunal noted that the tax effect was less than the minimum prescribed in CBDT Circular No. 9/2024. The Departmental Representative did not dispute the retrospective applicability of the circular. Consequently, the Tribunal rejected the Revenue's appeal.
Key Issues
Whether the Revenue's appeal should be dismissed due to the tax effect being below the threshold prescribed by the latest CBDT circular, considering its retrospective applicability?
Sections Cited
147
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2018-19 Income Tax Officer, Vs Gupta Synthetics, CGO Complex, Block-B, NH-IV, 111-F, DLF Industrial Area, NIT, Faridabad, Phase-1, Faridabad, Haryana-121001 Haryana-121008 (APPELLANT) (RESPONDENT) PAN No. AAKFG2856L Assessee by: Sh. Jitender Wadhwa, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 26.08.2025 Date of Pronouncement: 26.08.2025 ORDER This Revenue’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1075627109(1) dated 15.04.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs.17,21,590/- which is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024.
Learned Departmental Representative is indeed very fair in not disputing the fact that the CBDT's foregoing tax effect Gupta Synthetics circular has been made applicable with retrospective effect on all pending appeals as well. I thus reject the Revenue's instant appeal for this precise reason subject to all just exceptions.