DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1,PATNA, PATNA vs. ANGIKA VIHAR BUILDING CONSTRUCTION AND DEVELOPERS PRIVATE LIMITED , BHAGALPUR

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ITA 443/PAT/2024Status: DisposedITAT Patna15 January 2025AY 2015-16Bench: SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI (Accountant Member)1 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal due to the shortness of delay. Considering the CBDT Circular No. 09/2024, the appeal was dismissed as the tax effect was less than Rs. 60 lakh.

What were the facts?

The Revenue filed an appeal against the order dated 15.03.2024. The assessee did not appear, but an adjournment application was filed. The appeal was found to be time-barred by 20 days.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the low tax effect below the prescribed monetary limit as per the CBDT Circular No. 09/2024.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, VIRTUAL HYEARING AT KOLKATA

Before: SRI SANJAY GARG & SRI SANJAY AWASTHI

For Respondent: Shri Ashwani Kr. Singal, JCIT

order

: 15.01.2025 ORDER

Per Sanjay Garg, Judicial Member:

1.

The present appeal filed by the Revenue is directed against the order dated 15.03.2024 of the Commissioner of Income Tax (Appeals)-3, Patna [hereinafter referred to as Ld. 'CIT(A)'] for Assessment Year 2015-16.

2.

No one has put an appearance on behalf of the assessee despite notice. But an adjournment application has been placed on file. However, considering the facts and grounds taken in the appeal, we proceed to take the appeal for hearing and dispose of the same on merits after hearing the Ld. DR.

3.

This appeal of revenue is time barred by 20 days. Considering the shortness of delay, we condone the delay in filing the appeal I.T.A. No.: 443/Pat/2024 Assessment Year: 2015-16 Angika Vihar Building Construction & Developers Pvt. Ltd.

4.

It is seen, at the outset, that the tax effect on the disputed additions before us is less than Rs. 60 lakh as prescribed in the CBDT’s latest Circular No. 09/2024 dated 17.09.2024 for filing appeals by the Revenue before this Tribunal.

41.

This circular prescribes that the revised monetary limits shall apply retrospectively to pending appeals as well.

5.

The Ld. DR has fairly admitted that tax effect involved in this appeal is less than the prescribed monetary limit of Rs. 60 lakh.

6.

In view of above stated position, this appeal of the Revenue is dismissed u/s 268A of the Act because of low tax effect than the prescribed limits as per CBDT Circular No. 09/2024 (supra).

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