ACIT, CIRCLE-20(2), NEW DELHI vs. RATP DEV TRANSDEV INDIA PVT. LTD, MUMBAI
Income Tax Appellate Tribunal, DELHI BENCH “F”, NEW DELHI
Before: SHRI SHAMIM YAHYA, & SHRI VIMAL KUMARA.YR. : 2010-11
PER SHAMIM YAHYA, AM :
The Revenue has filed the instant Appeal against the Order of the Ld.
CIT(Appeal-7), New Delhi dated 06.02.2019, relating to assessment year
2010-11 on the following grounds :-
1. Whether on the facts and under the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 3,16,666/- made by the AO on account of bad debts written off as assessee company failed to submit any documentary evidence to prove its contention.
Whether on the facts and under the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of 2 Rs. 2,00,419/- made by the AO on account of disallowance of depreciation.
Whether on the facts and under the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 1,59,60,535/- made by the AO on account of difference between the income declared on account of receipts in lieu of service rendered vis-à-vis debits in the accounts of service providers i.e. Mumbai Metro Private Limited and M/s Metro One Operation Pvt. Ltd.
At the time of hearing, Ld. AR for the assessee has submitted that the tax effect in this appeal of the Revenue is below Rs. 60 lakhs i.e. Rs. 56,00,743/- which has been mentioned in Form No. 36 filed by the Department. He filed a copy of CBDT Circular No.09/2024 dated 17.09.2024 wherein, the CBDT has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 60 lakhs. In view of this, he requested that the Revenue’s appeal may be dismissed accordingly. 3. Ld. Sr. DR fairly agreed that the tax effect in this appeal of the Revenue is below the prescribed limit. 4. In view of the above position, we deem it fit and proper to dismiss the appeal of the Revenue in the light of the latest Circular No.09/2024 of the CBDT dated 17.09.2024, as not maintainable. 5. In the result, the appeal of the Revenue is dismissed. Order pronounced in the Open Court on 21/01/2025. (VIMAL KUMAR) ACCOUNTANT MEMBER
SRBHATNAGAR