DY. COMMISSIONER OF INCOME TAX, HISAR vs. SUNIL BANSAL, HISAR

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ITA 3864/DEL/2023Status: DisposedITAT Delhi13 December 2024AY 2008-09Bench: Sh. Satbeer Singh Godara, Judicial Member & Sh. M. Balaganesh (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 as it involved a tax effect lower than the minimum monetary limit specified by the CBDT circular. The appeal was rejected on this preliminary ground without delving into its merits.

What were the facts?

The Revenue filed an appeal for Assessment Year 2008-09 against the CIT(A)/NFAC, Delhi's order dated 01.11.2023, which arose from proceedings under Section 143(3) of the Income Tax Act, 1961. The appeal's tax effect was Rs. 54,28,745/-, which is below the minimum prescribed limit of Rs. 60,00,000/- set by CBDT Circular No. 2/2024 dated 07.09.2024, applicable with retrospective effect.

What were the issues?

Whether the Revenue's appeal is maintainable given that its tax effect falls below the monetary threshold prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Adv. &
Hearing: 09.12.2024Pronounced: 13.12.2024

Asstt. Year : 2008-09 DCIT, Vs Sunil Bansal, Hisar, #2030/4, Rampura Mohalla, Haryana-125001 Hisar, Haryana-125001 (APPELLANT) (RESPONDENT) PAN No. ABQPB6535N Assessee by : Sh. Parth Singhal, Adv. & Sh. Ankit Kumar, Adv. Revenue by : Sh. Sahil Kumar Bansal, Sr. DR Date of Hearing: 09.12.2024 Date of Pronouncement: 13.12.2024 ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

This Revenue’s appeal for Assessment Year 2008-09, arises against the CIT(A)/NFAC, Delhi’s order dated 01.11.2023 in DIN & order No. ITBA/NFAC/S/250/2023-24/1057584241(1) in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “The Act”).

2.

Heard both the parties at length. Case file perused.

3.

It emerges at the outset with the able assistance coming from both the side that the Revenue’s instant appeal involves tax effect of Rs.54,28,745/-, i.e. less than the minimum prescribed amount of Rs.60,00,000/- as per the CBDT latest circular no. 2/2024 dated 07.09.2024 admittedly made applicable with retrospective effect. We thus reject the Revenue’s instant appeal as involving lower than the above

4.

This Revenue’s appeal is dismissed in above terms. Order Pronounced in the Open Court on 13/12/2024.

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