ACIT, CENTRAL CIRCLE-19, DELHI, DELHI vs. YOGESH KUMAR GUPTA, GHAZIABAD

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ITA 516/DEL/2025Status: DisposedITAT Delhi22 April 2025Bench: Sh. Satbeer Singh Godara (Judicial 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 Revenue's appeal because the tax effect of Rs. 23,30,822/- was less than the minimum prescribed limit of Rs. 60 lakhs. This limit is set by CBDT Circular No. 9/2024, dated 17.09.2024, which is applicable retrospectively to all pending appeals.

What were the facts?

The Revenue filed an appeal for Assessment Year 2019-20 against an order of the CIT(A), which arose from proceedings under Section 153A read with Section 143(3) of the Income Tax Act, 1961. The appeal involved a tax effect of Rs. 23,30,822/-.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect involved is below the monetary limits prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 22.04.2025Pronounced: 22.04.2025

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member : Asstt. Year : 2019-20 ACIT, Vs Yogesh Kumar Gupta, Central Circle-19, 1/9904, West Gorak Park, New Delhi-110055 Vasundhara, S.O. Ghaziabad, Uttar Pradesh-201012 (APPELLANT) (RESPONDENT) PAN No. AEAPG4571L Assessee by: Sh. Anil Sethi, CA Revenue by : Sh. Sanjay Kumar, Sr. DR Date of Hearing: 22.04.2025 Date of Pronouncement: 22.04.2025 ORDER

This Revenue’s appeal for Assessment Year 2019-20, arises against the CIT(A)-30, New Delhi’s DIN & order No. ITBA/APL/M/250/2024-25/1070779124(1) dated 30.11.2024, in proceedings u/s 153A r.w.s. 143(3) of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs.23,30,822/- which is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024.

Yogesh Kumar Gupta 4. Learned Departmental Representative is indeed very fair in not disputing the fact that the CBDT's foregoing tax effect circular has been made applicable with retrospective effect on all pending appeals as well. We thus reject the Revenue's instant appeal for this precise reason subject to all just exceptions.

5.

This Revenue's appeal is dismissed in above terms. Order Pronounced in the Open Court on 22/04/2025.

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