INCOME TAX OFFICER WARD 9 (1), DELHI vs. FORTUNE LAND & HOUSING (P) LTD, DELHI

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ITA 7543/DEL/2025Status: DisposedITAT Delhi22 May 2026AY 2013-142 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 CBDT circular regarding the minimum tax effect was 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 assessee for the assessment year 2013-14. The total tax effect involved in the appeal was less than the minimum threshold prescribed by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect, as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA

For Appellant: Ms. Meenal Goyal, CA, CA Sh. Saksham Garg, CA
For Respondent: Ms. Ankush Kalra, Sr. DR
Hearing: 11.05.2026Pronounced: 22.05.2026

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.7543/Del/2025 Assessment Year: 2013-14 Income Tax Officer, Vs. M/s. Fortune Land & Housing Ward-9(1), (P) Ltd., Delhi RZ-D-5, Mahavir Enclave, New Delhi PAN: AAACF9367J (Appellant) (Respondent) Assessee by Ms. Meenal Goyal, CA Sh. Kunal Gupta, CA Sh. Saksham Garg, CA Department by Ms. Ankush Kalra, Sr. DR Date of hearing 11.05.2026 Date of pronouncement 22.05.2026 ORDER PER SATBEER SINGH GODARA, JM This assessee’s appeal for assessment year 2013-14, 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/250/2025-26/1080866485(1), dated 18.09.2025 involving proceedings under section 143(3) r.w.s.147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

ITA No.7543/Del/2025

Heard both the parties. Case file perused. 2. It emerges at the outset with the able assistance coming from both the parties 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. 3. 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. We thus reject the Revenue’s instant appeal for this precise reason subject to all just exceptions. 4. This Revenue’s appeal is dismissed. Order pronounced in the open court on 22nd May, 2026 Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 22nd May, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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