ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3 NAGPUR, NAGPUR vs. JAYPEE ENTERPRISES, NAGPUR
Facts
The appeal pertains to AY 2014-15 and was filed by the Revenue Department against an order passed by the NFAC. The tax effect involved in the case was lower than the prescribed limit as per CBDT Circular No. 09/2024.
Held
The tribunal held that the appeal filed by the Revenue Department was unsustainable and not maintainable due to the low tax effect involved. It was liable to be dismissed as withdrawn on this ground.
Key Issues
Whether the appeal filed by the Revenue Department is maintainable when the tax effect is below the prescribed limit as per CBDT Circular No. 09/2024.
Sections Cited
250, Act
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH : NAGPUR
Before: SHRI NARENDER KUMAR CHOUDHRY
This appeal has been preferred by the Assessee against the order dated 26/06/2024 impugned herein passed by the National Faceless Appeal Centre (NFAC)/Commissioner of Income Tax (Appeals), Delhi (in short, ‘Ld. Commissioner’) u/sec. 250 of the Income Tax Act, 1961 (in short, ‘Act’) for the A.Y. 2014-15.
2 ITA Nos.456/NAG/2024 (Jaypee Enterprises) 2. Admittedly in the instant case relevant to AY 2014-15 as emanates from assessment order and the impugned order, tax effect involved is lower than the prescribed limit as prescribed by latest CBDT Circular No. 09/2024, dated 17/09/2024, thus this appeal filed by the Revenue Department is unsustainable/not maintainable and liable to be dismissed as withdrawn and hence on the aforesaid reasons, the Revenue-Department’s appeal is dismissed being having involved low tax effect.
In the result, Revenue-Department’s appeal is dismissed.
Order pronounced in the open court on 27.06.2025.
Sd/- (NARENDER KUMAR CHOUDHRY) JUDICIAL MEMBER
vr/-
Copy to: The Appellant The Respondent The CIT, Concerned, Nagpur The DR Concerned Bench
//True Copy// By Order
Senior Private Secretary ITAT, Nagpur.