ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, FARIDABAD., FARIDABAD vs. MAGNUM WONDERPLAST PVT. LTD., FARIDABAD

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. SATBEER SINGH GODARA, JUDICIAL MEMBER AND SH. NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.7686/Del/2025 (Assessment Year : 2018) ACIT Vs. Magnum Wonderplast Pvt. Circle – I, Ltd. Faridabad – 121 001 Plot No.14, Sector – 59, HSIDC, Faridabad, Haryana – 121 005 PAN No. AAJCM 6606 N (APPELLANT) (RESPONDENT) Assessee by Shri Ranjan Chopra, C.A. Revenue by Ms. Ankush Kalra, Sr. D.R. Date of hearing: 20.05.2026 Date of Pronouncement: 20.05.2026

ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER : This captioned appeal has been filed by the Revenue against the order of the learned Commissioner of Income Tax [Appeal]-NFAC [‘CIT(A)’ in short] dated 15.09.2025 arising from the assessment order dated 30.03.2023 passed by the Income-Tax Officer, Ward 1(3), Faridabad under Section 147/144 of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) concerning Assessment Year (A.Y.) 2018-19.

ITA No. 7686/DEL/2025 [A.Y 2018] ACIT Vs. Magnum Wonderplast Pvt. Ltd. 2. The grounds raised by the Revenue are as under : 1. “Whether the order given by the Ld. CIT (A) is perverse both on facts and law in view of the Judgement of the Hon'ble Calcutta High Court in the case of Dhiraj Lakhotia vs Union of India & Anr. Vide WPA 1458 of 2024 given on 16.8.2024. 2. The department has filed SLP on the same issue before Supreme Court of India which is subjudiced. 3. Whether the impugned order given by the Ld. CIT (A) is perverse on both the facts and law of the case. 4. Whether the order given by the Id. CIT (A) is perverse both on facts and law by not considering the office memorandum dated 20th February, 2023 F No. 370153/7/2023- TPL, which is duly interpreted in right context by the Hon'ble Calcutta High Court in the case of Sanghi Steel Udyog Private Limited vs Union of India and Ors. (WPO/1549/2023).” 3. At the outset, we find the appeal memo authorized by the PCIT, Faridabad states that the aggregate tax effect on issues proposed to be contested in the ITAT is Rs.57,30,940/- and no exception clause of the Instruction of CBDT was cited. The appeal in Form 36 however, states the tax effect as 62,72,137/-. In such facts and circumstances, we are of the view that the PCIT who has authorized the appeal, treats the tax effect at below Rs 60 lakh. 4. We hold therefore that tax effect in the instant case is below the tax effect prescribed under the Circular for filing appeal before the ITAT. It also remains uncontroverted that the case is not falling under any exemption of the instruction of CBDT on monitory limit. Appeal is accordingly, dismissed being below prescribed tax effect giving liberty to the Department to file appeal afresh should it consider that the tax effect is above the prescribed limited.

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ITA No. 7686/DEL/2025 [A.Y 2018] ACIT Vs. Magnum Wonderplast Pvt. Ltd. 5. In the result, appeal filed by the department in ITA No.7686/Del/2025 is dismissed. Order pronounced in the open court on 20.05.2026 Sd/- Sd/- (SATBEER SINGH GODARA) (NAVEEN CHANDRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:-24.07.2026 Priti Yadav, Sr. Ps* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

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