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DCIT CIRCLE-2(1), GURGAON vs. MITTESH MITTAL, GURGAON

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ITA 9332/DEL/2019[2016-17]Status: HeardITAT Delhi04 February 20253 pages

Income Tax Appellate Tribunal, DELHI BENCH ‘E’ NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI VIMAL KUMARDCIT Circle – 2(1) Gurgaon

Hearing: 04.02.2025Pronounced: 04.02.2025

PER VIMAL KUMAR, JM:

1.

The appeal filed by Revenue is against the order dated 03.09.2019 of Learned Commissioner of Income Tax (Appeals)-2, Gurgaon [hereinafter referred to as ‘Ld. CIT(A)’] arising out of assessment order dated 25.12.2018 passed by the Asst. Commissioner of Income Tax, Circle-2(1), Gurgaon (hereinafter referred as ‘Ld. AO’) under section 143(3) of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] for the Assessment Year 2016-17. -2- ITA No.9332/Del/2019 A.Y. 2016-17

2.

Learned Departmental Representative for the Department of Revenue and learned Authorized Representative for the respondent/assessee submitted that dispute amount is Rs.1,55,98,168/- and tax effect is Rs.53,98,214/-, therefore, the appeal of Revenue not maintainable in view of Circular No.09/2024 dated 17/09/2024. 3. We find that CBDT vide Circular No.09/2024 dated 17/09/2024 has revised the monetary limit for filing the appeals before the Tribunal to Rs.60 Lacs. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.

In conclusion, by applying the CBDT Circular No.09/2024 dated 17/09/2024 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

5.

In the result, the appeal of the Revenue is dismissed.

Order pronounced on this day 4th February, 2025 (SHAMIM YAHYA) (VIMAL KUMAR)
ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: 04.02.2025

Pr i ti Y adav, S r. PS *

-3- ITA No.9332/Del/2019
A.Y. 2016-17

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