ITO (E), GHAZIABAD vs. M/S. SAHYOG JAN KALYAN SAMITI, KANPUR

PER MANISH AGARWAL, AM :

The present appeal has been filed by the Revenue against the order dated 05.04.2016 passed by Ld. Commissioner of Income Tax (A)-II, Kanpur
[“Ld.CIT(A)”] in Appeal No.CIT(A)-II/116/ACIT(E)/15-16 passed u/s 250 of the Income Tax Act, 1961 [“the Act”] arising from the assessment order dated
26.02.2015 passed u/s 147/143(3) of the Act pertaining to assessment year
2009-10. 2. At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular
No.09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.60
Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore, appeal of the Revenue is required to be dismissed in limine.
3. The Ld.Sr. DR for the Revenue fairly admitted the applicability of the CBDT Circular No.09 of 2024 dated 17.09.2024. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.
4. In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open Court on 30.05.2025. (YOGESH KUMAR US)
JUDICIAL MEMBER

*Amit Kumar, Sr.P.S*