ACIT-CC-7(3), MUMBAI vs. CALCULUS PROPERTIES PRIVATE LIMITED, MUMBAI

Per: SHRI. SANDEEP GOSAIN, J.M.:

The present appeals have been filed by the revenue challenging the impugned order dt. 28.11.2024 passed under section 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre (NFAC) / CIT(A) for the assessment year 2013-14. 2. At the time of hearing, it was brought to the notice of the bench, that the tax effect in these appeals are below
Rs.60 lakhs and is covered by the CBDT Circular No.
09/2024 dated 17.09.2024. The Ld.DR has accepted the Calculus Properties Pvt Ltd, Mumbai.

low tax effect aspects and applicability of CBDT circular.
We find as per the CBDT Circular dated 17.09.2024, no appeal shall be filed by the revenue before the Hon’ble
Tribunal where the tax effect is below Rs 60 lakhs. Further the circular of the CBDT is also applicable to the pending cases. Accordingly, we dismiss the revenue appeal on maintainability and low tax effect.
3. In case, if the revenue is able to provide evidence that the case falls under any of the exceptions provided in the circular issued by the CBDT. The revenue may prefer miscellaneous application for recalling of this order, if they so desire, in which circumstances, this order shall be recalled by the Hon’ble Tribunal.
4. In the result both the appeals filed by the revenue stands dismissed.
Order pronounced in the open court on 04/08/2025. (SANDEEP GOSAIN)

(JUDICIAL MEMBER)

Mumbai:
Dated: 04/08/2025

KRK, Sr. PS.
Calculus Properties Pvt Ltd, Mumbai.

Copy of the order forwarded to:

(1)The Appellant
(2) The Respondent
(3) The CIT
(4) The CIT (Appeals)
(5) The DR, I.T.A.T.By order

(Asstt.