ACIT-16(2), MUMBAI vs. BSRR & CO., MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH
MUMBAI

BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&

SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER
ACIT-16(2),
Mumbai
Vs. BSRR & Co.,
Lodha Excelus,
1st Floor
Apollo Mills Compound
N.M. Joshi Marg
Mahalaxmi,
Mumbai – 400 011
PAN/GIR No.AAKFB1884H
(Appellant)
..
(Respondent)
ACIT-16(2),
Mumbai
Vs. BSR & Co.,
Lodha Excelus,
1st Floor
Apollo Mills Compound
N.M. Joshi Marg
Mahalaxmi,
Mumbai – 400 011
PAN/GIR No.AAIFB4734C
(Appellant)
..
(Respondent)

Assessee by Shri Ajit Jain / Shri Siddesh
Chaugule
Revenue by Shri Krishna Kumar, Sr. DR
Date of Hearing
20/11/2025
Date of Pronouncement
20/11/2025

ITA No.5806/Mum/2025 & 5848/Mum/2025
BSRR & Co., and BSR & Co.,

2
आदेश / O R D E R

PER AMIT SHUKLA (J.M):

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. 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.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 DR, fairly conceded that the present appeal needs to be withdrawn in accordance with the CBDT Circular No.09/2024 dated 17th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.
4. 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

ITA No.5806/Mum/2025 & 5848/Mum/2025
BSRR & Co., and BSR & Co.,

3
to pending appeals as well, which may be accordingly withdrawn.
5. Accordingly, these appeals are liable to be withdrawn by the Revenue and to be treated as dismissed.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.
6. In the result, the appeals filed by the Revenue are dismissed.

Order pronounced on 20th November, 2025. (GIRISH AGRAWAL) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 20/11/2025
KARUNA, sr.ps

Copy of the Order forwarded to :

BY ORDER,

(Asstt.