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Facts
The Revenue filed an appeal against the order of the CIT(Appeals) deleting an addition of Rs. 70,71,488/- made by the Assessing Officer under Section 69A of the Act. The assessee filed a cross-objection in support of the CIT(Appeals)'s order.
Held
The Tribunal held that the Revenue's appeal was not maintainable as the tax effect of the deletion was less than Rs. 60 lakhs, citing CBDT Circular No. 09 of 2024. Consequently, the cross-objection also became infructuous.
Key Issues
Maintainability of the Revenue's appeal based on tax effect as per CBDT circular. Consequential dismissal of the cross-objection.
Sections Cited
69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “A” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI M BALAGANESH
सुनवाईक�तारीख/ Date of hearing: 02.06.2025 04.06.2025 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M.
This appeals is filed by the Revenue against the order of the Ld. CIT(Appeals)-NFAC, Delhi dated 16.07.2024 for the AY 2017-18 in deleting the addition of Rs.70,71,488/- which was made by the Assessing Officer u/s 69A of the Act. The Cross Objection was filed by the assessee in support of the order of the Ld. CIT(Appeals). Since the addition deleted by the CIT(Appeals) is Rs.70,71,488/- which was contested by the Revenue in this appeal, the tax effect on such deletion of addition is less than Rs.60 lakhs. Therefore, the present appeal filed by the Revenue is not maintainable in the light of the CBDT Circular No.09 of 2024 dated 17/09/2024. The appeal is accordingly dismissed.
The cross objection filed by the assessee is only in support of the order of the Ld. CIT(Appeals) and since we have dismissed the appeal of the Revenue, the cross objection filed by the assessee became infructuous and the same is also dismissed accordingly.
In the result, the appeals filed by the Revenue as well as cross objection of the assessee are dismissed.
Order pronounced in the open court on 04.06.2025