INCOME TAX OFFICER, PANIPAT vs. MUSKAN LOOMTEX PRIVATE LIMITED , DELHI

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ITA 1040/DEL/2025Status: DisposedITAT Delhi14 May 2025AY 2019-202 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the tax effect was below the minimum prescribed by the CBDT circular, which is applicable to pending appeals. Therefore, the Revenue's appeal was rejected on this ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)/NFAC's order for AY 2019-20. The assessee did not appear before the tribunal. The total tax effect involved in the appeal was below the threshold prescribed by CBDT Circular No. 9/2024.

What were the issues?

Whether the appeal is maintainable given the low tax effect as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: SMC NEW DELHI

Before: SHRI SATBEER SINGH GODARA

For Respondent: DR |

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI

BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER

ITA No.1040/Del/2025 Assessment Year: 2019-20

Income Tax Officer, Panipat | Vs. | Muskan Loomtex Private Limited, 548 Mantola, Paharganj, Delhi PAN : AAFCM5758F (Appellant) | (Respondent)

Assessee by | None Department by | Sh. Yogeshwar Sharma, Sr. DR

Date of hearing | 14.05.2025 Date of pronouncement | 14.05.2025

ORDER

This Revenue's appeal for assessment year 2019-20, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the "CIT(A)/NFAC"], Delhi's DIN and order no. ITBA/NFAC/S/250/2024-25/1071620651(1), dated 27.12.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').

- 2. Case called twice. None appears at the assessee's behest. It is accordingly proceeded ex-parte. - 3. It emerges at the outset with the able assistance coming from the learned Departmental Representative that the total tax effect

involved in this appeal file is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024 with retrospective effect.

- 4. Learned Departmental Representative is indeed very fair in not disputing the fact that the CBDT's foregoing tax effect circular has been made applicable on all pending appeals as well. I thus reject the Revenue's instant appeal for this precise reason subject to all just exceptions. - 5. This Revenue's appeal is dismissed.

Order pronounced in the open court on 14th May, 2025

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER

Dated: 14th May, 2025.

RK/-

Copy forwarded to:

- 1. Appellant 2. Respondent - 3. CIT - 4. CIT(A) - 5. DR

Asst. Registrar, ITAT, New Delhi

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