Loading judgment…
Facts
The appeal arises from an order of the CIT(A) against an assessment order passed under Section 143(3). The Tribunal had previously dismissed this appeal on the ground of low tax effect.
Held
The Tribunal held that the case did not fall under any exceptions to the CBDT circulars regarding low tax effect. With the increased monetary limit in a recent circular, the appeal deserved dismissal.
Key Issues
Whether the appeal should be dismissed on the ground of low tax effect in light of the prevailing CBDT circulars and their applicability.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI M. BALAGANESH
O R D E R
PER M. Balaganesh, AM
The appeal in AY 2014-05, arises out of the order of the Commissioner of Income Tax (Appeals)-5, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] in Appeal No. DEL/cit(a)-5/0595/2016-17 DATED 22.03.2019 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 28.12.2016 by the Assessing Officer, ITO, Ward-14(4), Delhi (hereinafter referred to as ‘ld. AO’). applying the CBDT circular. Later a miscellaneous application was preferred by the revenue which was disposed of by this Tribunal in dated 11.04.2025 accepting the contentions raised by the revenue in its MA. Admittedly , the case does not fall under any of the exceptions provided in the CBDT Circular No. 9/2024 dated 17.09.2024 read with CBDT Circular No. 17/2019 dated 08.08.2019. In the recent circular of CBDT dated 17.09.2024 referred supra, the monetary limit of tax has been increased to Rs. 60 lacs from 50 lacs and hence the appeal of the revenue deserves to be dismissed on the ground of low tax effect by applying the CBDT Circular 9/2024 dated 17.09.2024. Hence, grounds raised of the revenue are dismissed.
In the result, the appeal of the revenue is dismissed.
Order pronounced in the open court on 11/04/2025.