DEPUTY COMMISSIONER OF INCOME TAX, VADODARA vs. VINODBHAI PITHIYA, VADODARA
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI MAKARAND V. MAHADEOKAR
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Department against the order passed by Ld. CIT(A), challenging the deletion of Rs. 1,49,19,923/-, in the order passed by Ld. CIT(A) and the Cross Objection filed by the assessee against the order passed by the Ld. Commissioner of Income Tax
(Appeals)-11, (in short “Ld. CIT(A)”), Ahmedabad vide order dated
15.03.2024 passed for A.Y. 2016-17. 2. Before us, the Counsel for the assessee submitted that on perusal of Form No. 36, the tax effect indicated by the Income Tax Department is ITA No. 999/Ahd/2024 & C.O. No. 13/Ahd/2024
Asst. Year –2016-17
- 2–
54,81,726/-. The Counsel for the assessee invited our attention to CBDT
Circular No. 9/2024 dated 15.03.2024, in which the monetary limit of tax effect with respect to appeals filed by the Department was raised to Rs. 60
lakhs and the said Circular is applicable to appeals pending adjudication before the ITAT. Accordingly, in view of the revised monetary limit, it was submitted that the appeal filed by the Department has become infructuous and accordingly, the same is liable to be dismissed, on account of low tax effect.
The Ld. CIT-DR appearing for the Revenue did not dispute the above facts. However, he sought liberty be given to the Department to revive the above appeals in the event if the Tax Effect in the above appeals are higher than the prescribed monetary limit.
Considering the above submissions of both the parties, the above appeals filed by the Revenue are hereby dismissed, following the CBDT Circular No. 09/2024 dated 17.09.2024 with liberty to the Department to revive the appeals, in the event, if there is change in the disputed tax in the above appeals.
In the result, the appeal filed by the Revenue are hereby dismissed.
We further note that the assessee has filed Cross Objection No. 13/Ahd/2024, in which the assessee has only supported the findings given by Ld. CIT(A), in the appellate order.
Before us, the Counsel for the assessee submitted that in case the appeal of the Department is dismissed on account of low tax effect, then the assessee shall not pressing its contention raised in the Cross Objections.
ITA No. 999/Ahd/2024 & C.O. No. 13/Ahd/2024
Asst. Year –2016-17
- 3–
Since we have dismissed the appeal of the Revenue on account of low tax effect (though liberty has been given to the Department to revive the above appeal in case the tax effect in the above appeal is found to be higher), the Cross Objection filed by the assessee is being dismissed as not pressed.
In the result, both the appeals filed by the Department as well as the Cross Objections filed by the assessee, are dismissed.
This Order pronounced in Open Court on 09/05/2025 (MAKARAND V. MAHADEOKAR) (SIDDHARTHA NAUTIYAL)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Ahmedabad; Dated 09/05/2025
TANMAY, Sr. PSआदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to :
1. अपीलाथŎ / The Appellant
2. ŮȑथŎ / The Respondent.
3. संबंिधत आयकर आयुƅ / Concerned CIT
4. आयकर आयुƅ(अपील) / The CIT(A)-
5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाडŊ फाईल / Guard file.
आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt.