ACIT-16(2), MUMBAI vs. BSRR & CO., MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the tax effect involved in the appeals was below the monetary limit stipulated in CBDT Circular No. 09/2024, the appeals were not maintainable and were liable to be dismissed.
What were the facts?
The Revenue filed appeals against the NFAC's assessment orders for AY 2015-16, concerning disallowances under Section 40(a)(i). The tax effect in these appeals was Rs. 78,40,166/- and Rs. 97,79,565/-, which were found to be below the prescribed limit of Rs. 60 Lacs.
What were the issues?
Whether appeals filed by the Revenue are maintainable when the tax effect is below the monetary limit prescribed by CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH
Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL
The aforesaid appeals have been filed by the Revenue against order dated 10/06/2025 passed by NFAC, Delhi for the quantum of assessment passed u/s.143(3) for the A.Y. 2015-16.
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.78,40,166/- for A.Y.2015-16 in ITA No. No.5806/Mum/2025; Rs.97,79,565/- for A.Y.2015-16 in A.Y.5848/Mum/2025 with regard to disallowance u/s.40(a)(i) wherein, the tax effect involved in this appeal is around Rs.24.22 lakhs and Rs.32 lakhs approximately which is below the 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 DR, fairly conceded that the present appeal needs to be withdrawn in accordance with the CBDT Circular No.09/2024 dated 17th September, 2024.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.
Since 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
Accordingly, these appeals are liable to be withdrawn by the Revenue and to be treated as dismissed.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.
In the result, the appeals filed by the Revenue are dismissed.
Order pronounced on 20th November, 2025.
More judgments on Section 40(a)(i)
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- Eurofins Peenya Resources Private Limited… vs Deputy Commissioner of Income Tax…ITA 1116/BANG/2023[2016-17]Status: Disposed28 Sept 2026AY 2016-17
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6199/DEL/2026[2021-22]Status: Disposed21 Sept 2026AY 2021-22
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6198/DEL/2026[2020-21]Status: Disposed21 Sept 2026AY 2020-21
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