ITO-42(2)4,MUMBAI, KAUTILYA BHAWAN vs. NISHESH DURGESHKUMAR DUBEY, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’
BENCH MUMBAI
BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SHRI ARUN KHODPIA, ACCOUNTANT MEMBER
ITO-42(2)4, Mumbai
Vs. Nishesh Durgeshkumar
Dubey
J-608 Jhellam Building
BSNL
Staff
Quarters,
Mumbai- 400076
PAN/GIR No. AKVPD8991J
(Appellant)
..
(Respondent)
Assessee by Shri. Nigesh Durgeshkumar
Dubey
Revenue by Shri. Adesh Rai, Sr. DR.
Date of Hearing
24/12/2025
Date of Pronouncement
24/12/2025
आदेश / O R D E R
PER AMIT SHUKLA (J.M):
The aforesaid appeal has been filed by the Revenue against order dated 28/08/2025 passed by NFAC, Delhi for the quantum of assessment passed u/s.147 r.w.s. 144B of the Income Tax Act, 1961 for the A.Yr. 2015-16. 2. In the course of hearing, it was noticed that the tax effect on the disputed issue in the impugned assessments years filed by the Revenue was Rs.6,48,000/- for A.Y.2015-16; wherein, the tax effect involved in this appeal was below the Nishesh Durgeshkumar Dubey
2
prescribed limit of Rs.60 Lacs. The Ld. DR, fairly conceded that the present appeal needs to be withdrawn in accordance with the CBDT Circular No.09/2024 dated 17th September,
2024. He, however, requested that a liberty may be given to the Department to verify whether the case was covered in any of the exceptions and, if so, to approach the Tribunal at a later date.
4. We have considered the request of the Ld. DR. As the tax effect involved in this case is below the limit of Rs.60 Lacs as prescribed in CBDT's Circular No.09/2024 dated 17th
September, 2024, the present appeal filed by the Revenue is not maintainable. The said Circular stipulated that the revised monetary limit for filing of appeals shall apply to pending appeals as well, which may be accordingly withdrawn.
5. Accordingly, these appeal is liable to be withdrawn by the Revenue and to be treated as dismissed. At the same time, the Revenue is free to approach this Tribunal, in case it is found that the case is covered in any of the exceptions of the said Circular.
6. In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on 24th December, 2025. (ARUN KHODPIA) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 24/12/2025
Nishesh Durgeshkumar Dubey
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KARUNA, sr.ps
Copy of the Order forwarded to :
BY ORDER,
(Asstt.