DCIT, NEW DELHI vs. M/S STALWART PROPERTIES PVT. LTD.,, NEW DELHI

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ITA 6227/DEL/2015Status: DisposedITAT Delhi18 December 2024AY 2008-09Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant 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 dismissed the Revenue's appeal because the tax effect was below the minimum threshold of Rs. 60 lakhs prescribed by CBDT Circular No. 9/2024, dated 17.09.2024. This circular applies with retrospective effect to all pending appeals, a fact not disputed by the Departmental Representative.

What were the facts?

The Revenue filed an appeal for assessment year 2008-09 against an order of the CIT(A) involving proceedings under sections 153C r.w.s. 143(3) of the Income-tax Act, 1961. The tax effect involved in this appeal was Rs. 50,73,384/-.

What were the issues?

Whether the Revenue's appeal is maintainable given that the tax effect involved is below the monetary limit stipulated by a retrospective CBDT circular.

Which sections of the Income-tax Act were involved?

Section 153C,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI AVDHESH KUMAR MISHRA

For Appellant: Adv. Ms. Uma Upadhyay, Adv
For Respondent: Ms. Jaya Chaudhary, CIT(DR)
Hearing: 16.12.2024Pronounced: 18.12.2024
1.

This Revenue’s appeal for assessment year 2008-09 is directed against the Commissioner of Income Tax (Appeals)-27 [in short, the “CIT(A)”], New Delhi’s order dated 29.09.2015 passed in case no. 251/14-15, involving proceedings under sections 153C r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Heard both the parties at length. Case file perused.

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