INCOME TAX OFFICER, NEW DELHI vs. EVERGREEN BAMBOO INDIA PVT LTD, NEW DELHI

PDF · subscribers
ITA 4004/DEL/2024Status: DisposedITAT Delhi05 May 2025AY 2016-17Bench: SHRI PRAKASH CHAND YADAV (Judicial Member), SHRI BRAJESH KUMAR SINGH (Accountant Member)2 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 dismissed the appeal as a low tax effect case, in line with CBDT Circulars Nos. 5/2024 and 9/2024, which prescribe monetary limits for filing appeals. The Department was granted the liberty to seek restoration of the appeal if it falls under specified exceptions or for any valid reason.

What were the facts?

The Revenue filed an appeal against an order of the National Faceless Appeal Centre for Assessment Year 2016-17. The Departmental Representative informed the tribunal that the tax effect involved in the appeal was less than Rs. 60 lakhs.

What were the issues?

Whether the Revenue's appeal, having a tax effect below the monetary limits prescribed by CBDT circulars, should be dismissed as a low tax effect appeal.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

Before: SHRI PRAKASH CHAND YADAV & SHRI BRAJESH KUMAR SINGH

For Appellant: Shri Bohapl Singh, Sr. DR
Hearing: 05.05.2025Pronounced: 05.05.2025

ORDER PER PRAKASH CHAND YADAV, JM

The present appeal of the Revenue is arising from the order of the National Faceless Appeal Centre, Delhi, dated 04.07.2024 and relates to Assessment year 2016-17.

2.

At the time of hearing, ld. Sr. Departmental Representative (DR) submitted that the appeal filed by the Revenue, admittedly, has a tax less than Rs.60 lakhs and the same falls into the category of low tax effect appeals after the enhanced monetary limits of Rs.60 lacs, for which the appeal is to be filed by the Department before this Tribunal, as laid down by the CBDT vide Circular Nos.5/2024 dated 15.03.2024 and 09/2024 dated 17.09.2024.

3.

In the light of the aforesaid, the appeal of the Revenue is dismissed being a low tax effect appeal with a rider that in case the issue falls in the category of exceptions to the low tax effect appeals or if there is any valid reason, the Department shall be entitled for restoration of the appeal.

4.

In the result, the appeal filed by the department is dismissed.

Order pronounced in the open court on 05th May, 2025.

Recent GST High Court judgments

Search GST case law →