BALMUKAND GATTANI , DCIT CIRCLE 1(1)(1) VADODARA, VADODARA vs. NAGESH KUMAR AGRAWAL HUF, VADODARA
What did the Tribunal hold?
The Tribunal held that the CBDT Circular No. 09 of 2024 was applicable. Consequently, the appeal filed by the Revenue was dismissed as not maintainable, while allowing the Revenue to seek restoration on grounds of inapplicability of the circular.
What were the facts?
The Revenue filed an appeal against the order of the Ld. CIT(A) for A.Y. 2014-15. The assessee submitted that the appeal was hit by CBDT Circular No. 09 of 2024, which revised monetary thresholds for tax effects. The tax effect in this case did not exceed the revised limit.
What were the issues?
Whether the appeal filed by the Revenue is maintainable in light of the CBDT Circular No. 09 of 2024 regarding tax effect limits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI NARENDRA PRASAD SINHA
(Assessment Year: 2014-15) Deputy Commissioner of Vs. Nagesh Kumar Agrawal-HUF, Income Tax, 207, Fortune Tower, Circle-1(1)(1), Saiyajigunj, Vadodara Vadodara-390021 [PAN No.AADHN4672A] (Appellant) .. (Respondent) Appellant by : None Respondent by: Shri Sudhakar Verma, Sr. DR Date of Hearing 21.01.2025 Date of Pronouncement 22.01.2025 O R D E R
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre, (in short “NFAC”), Delhi vide order 21.06.2024 passed for A.Y. 2014-15.
At the time of hearing, it was submitted by the Ld. AR for the assessee that appeal filed by the Revenue is 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 case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.
The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 09 of 2024. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.
In the result, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 22/01/2025
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026