INCOME TAX OFFICER, NEW DELHI vs. SKY BLUE SOFTECH PRIVATE LIMITED, NEW DELHI

PDF · subscribers
ITA 5311/DEL/2024Status: DisposedITAT Delhi09 April 2025AY 2008-09Bench: SHRI PRADIP KUMAR KEDIA (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 Ld. Sr. DR for the Revenue conceded the applicability of CBDT Circular No.09 of 2024. Consequently, the tribunal dismissed the Revenue's appeals in limine as not maintainable due to the monetary threshold. The Revenue was granted liberty to seek restoration of the appeals if they could demonstrate the inapplicability of the said circular.

What were the facts?

The Revenue filed appeals against CIT(A) orders for assessment years 2008-09 and 2010-11, which stemmed from assessments completed under Section 147/143(3) of the Income Tax Act. The assessee argued that these appeals were not maintainable, citing CBDT Circular No.09 of 2024, as the tax effect on the disputed issues did not exceed the revised monetary limit of Rs.60 Lakhs.

What were the issues?

Whether the Revenue's appeals are maintainable before the ITAT when the tax effect on disputed issues falls below the revised monetary limit of Rs.60 Lakhs as per CBDT Circular No.09 of 2024.

Which sections of the Income-tax Act were involved?

Section 250,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “SMC” BENCH: NEW DELHI

Before: SHRI PRADIP KUMAR KEDIA

For Appellant: Shri S. K. Gupta, CA
For Respondent: Shri Sanjay Kumar, Sr.DR, Shri S. K. Gupta, CA
Hearing: 09.04.2025Pronounced: 09.04.2025

ORDER

PER PRADIP KUMAR KEDIA, AM :

1.

The captioned appeals have been filed at the instance of the Revenue seeking to assail the First Appellate orders, both dated 05.10.2024 passed by Commissioner of Income Tax (A), National Faceless Appeal Centre (“NFAC”), Delhi [“CIT(A)”] under s. 250 of the Income Tax Act, 1961 [“the Act”] arising from the assessment orders, both dated 13.12.2017 passed under s. 147/143(3) of the Act relevant to assessment years 2008-09 and 2010-11 respectively.

2.

At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeals filed by the Revenue are hit by recently issued CBDT Circular No.09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.60 Lakhs. In the instant cases, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore, appeals of the Revenue are required to be dismissed in limine.

3.

The Ld.Sr. DR for the Revenue fairly admitted the applicability of the CBDT Circular No.09 of 2024 dated 17.09.2024. Accordingly, appeals of the Revenue are dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeals on showing inapplicability of the aforesaid CBDT Circular in any manner.

4.

In the result, the captioned appeals of the Revenue are dismissed. Order pronounced in the open Court on 09th April, 2025.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →