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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/-.
Held
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.
Key Issues
Whether the Revenue's appeal is maintainable when the tax effect involved is below the monetary limits prescribed by CBDT circulars.
Sections Cited
153A, 143(3)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
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”).
Heard both the parties at length. Case file perused.
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.
This Revenue's appeal is dismissed in above terms. Order Pronounced in the Open Court on 22/04/2025.