DEPUTY COMMISSIONER OF INCOME TAX, JHANDEWALAN, NEW DELHI vs. RAMA KRISHNA JEWELLERS PRIVATE LIMITED, DELHI

ITA 1289/DEL/2026Status: DisposedITAT Delhi30 September 2026AY 2017-20184 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue is not maintainable. The decision was based on the CBDT Circular No. 09/2024 dated 17.09.2024, which revised the monetary limit for filing appeals before the Tribunal to Rs. 60 Lacs and is applicable to all pending appeals. The Tribunal noted that the assessee's counsel stated the tax effect was Nil. Furthermore, the Tribunal referred to a coordinate bench decision in DCIT Versus Hazoorilal & Sons Jewelers Pvt. Ltd. (ITA No. 3487/Del/2023) which held that if the tax effect is calculated based on provisions like Section 115BBE, which are not applicable to the impugned addition, then the tax effect should be considered below the prescribed monetary limit, rendering the appeal not maintainable. The Revenue was granted liberty to approach the Tribunal for re-institution of the appeal if protected by exceptions in the circular or for valid reasons with requisite material. The appeal was dismissed as not maintainable.

What were the facts?

The Revenue, represented by the Deputy Commissioner of Income Tax, Circle – 21(1), New Delhi, has appealed against the order dated 10.09.2025 passed by the Commissioner of Income Tax (Appeal)-29, New Delhi. This order arose from an assessment order dated 26.11.2019 passed under Section 143(3) of the Income Tax Act, 1961, for Assessment Year 2017-2018. The appeal concerns the taxation of surrendered income under Section 69B read with Section 115BBE. The Assessing Officer made additions, which the Commissioner (Appeals) deleted by holding that Section 115BBE was not applicable to income arising from alleged suppression of business, treating it as business income. The Revenue is challenging this relief granted by the Ld. FAA.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the Tribunal in light of the CBDT Circular No. 09/2024 dated 17.09.2024, which revised the monetary limit for filing appeals to Rs. 60 Lacs, and considering the tax effect in the present case. Contentions: Assessee: The assessee's counsel submitted that the tax effect in this case is Nil. They also pointed out that the Ld. CIT(A) relied on judicial decisions holding that Section 115BBE is not applicable in cases of alleged suppression of business income, which was added as business income. Revenue: The Revenue challenged the benefit extended by the Ld. CIT(A) regarding the non-applicability of Section 115BBE. The Revenue's appeal was filed with a stated tax effect of Rs. 4,44,35,271/-.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 69B,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, NEW DELHI

Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL

Pronounced: 30.09.2026

PER SHRI ANUBHAV SHARMA, JUDICIAL MEMBER:

This appeal is preferred by the revenue against the order dated 10.09.2025 of the Ld. Commissioner of Income Tax (Appeal)-29, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in Appeal No. CIT(A), Delhi-7

The order continues below.

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