DCIT, CENTRAL CIRCLE- 7 , NEW DELHI vs. PERNIA MOIN QUERSHI, NEW DELHI

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ITA 4165/DEL/2019Status: DisposedITAT Delhi20 December 2024AY 2012-13Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)2 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 observed that the tax effect for AY 2012-13 (Rs. 48,96,376/-) and AY 2014-15 (Rs. 50,72,235/-) was below the Rs. 60 lakhs monetary limit set by CBDT Circular No. 09/2024 dated 17.09.2024. The Ld. DR for the Revenue agreed with this position, leading the Tribunal to dismiss the appeals as not maintainable.

What were the facts?

The Revenue filed two appeals against separate orders of the CIT(A) for Assessment Years 2012-13 and 2014-15. The assessee's counsel contended that the tax effect for both assessment years was below the monetary limit stipulated by the CBDT for filing appeals before the ITAT.

What were the issues?

Whether the Revenue's appeals to the ITAT are maintainable given the prescribed monetary limits for filing appeals as per CBDT Circular No. 09/2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F”, NEW DELHI

Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMA

For Appellant: Shri Nirbhay Mehta, Advocate, Shri Ashwani Gupta, CA
For Respondent: Shri Pitambar Das, CIT DR, Shri Nirbhay Mehta, Advocate, Shri Ashwani Gupta, CA
Hearing: 27.11.2024Pronounced: 20.12.2024

O R D E R

PER S. RIFAUR RAHMAN, AM :

1.

The Revenue has filed these two Appeals against the separate Orders of the Ld. CIT (Appeals)-27, New Delhi dated 25.02.2019 relating to Assessment Years 2012-13 & 2014-15.

2.

At the threshold, ld. AR for the assessee has submitted that as per Form 36 filed by the Revenue, the tax effect in respect of Assessment Year 2012-13 is Rs.48,96,376/- and in respect of Assessment Year 2014-15, the tax effect is Rs.50,72,235/-, which is below the prescribed limit of Rs.60 & 4167/Del/2019 lakhs, as stipulated in 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.

3.

Ld. DR for the Revenue fairly agreed that the tax effect in these appeals of the Revenue is below the prescribed limit, in view of the latest CBDT circular dated 17.09.2024 (supra).

4.

In view of the above position, we deem it fit and proper to dismiss the appeals 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, both the appeals of the Revenue are dismissed. Order pronounced in the open court on this 20th day of December, 2024.

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