ACIT, CENTRAL CIRCLE- 30, NEW DELHI vs. KUBER KHAINI PVT. LTD., DELHI

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ITA 4219/DEL/2018Status: DisposedITAT Delhi11 December 2024AY 2009-10Bench: SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER, SHRI YOGESH KUMAR US (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, considering the latest CBDT Circular No. 09/2024 dated 17.09.2024, which sets the monetary limit for filing departmental appeals before the ITAT at Rs. 60 lakhs, found that the tax effect in the Revenue's appeal was below this revised limit. Therefore, the appeal was deemed not maintainable and was dismissed.

What were the facts?

The Revenue filed an appeal for AY 2009-10, which was initially dismissed due to a low tax effect (below Rs. 50 lacs) as per CBDT Circular No. 17/2019. Upon the Revenue's Miscellaneous Application, claiming a tax effect of Rs. 50,98,500 (above Rs. 50 lacs), the dismissal order was recalled. During the subsequent hearing, the assessee argued that the tax effect was still below the revised monetary limit of Rs. 60 lakhs for departmental appeals to the ITAT, as stipulated by the latest CBDT Circular No. 09/2024, a contention agreed upon by the CIT-DR.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the revised monetary limits for departmental appeals specified in CBDT Circulars.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

For Appellant: CA &, Shri Gagan Khandelwal, Adv
Hearing: 11.12.2024Pronounced: 11.12.2024

A.YR. : 2009-10 ACIT, CENTRAL CIRCLE-30, M/s Kuber Khaini Pvt. Ltd., Room no. 320, 3rd floor, VS. 32-K, Sirsapur, ARA Centre, JHANDEWALAN Delhi – 42 EXTENSION, NEW DELHI – 55 (PAN: AABCK0469M) (APPELLANT) (RESPONDENT) Appellant by : Sh. Rajeev Khandelwal, CA & Shri Gagan Khandelwal, Adv. Respondent by : Sh. Dayainder Singh Sidhu, CIT-DR Date of hearing : 11.12.2024 Date of pronouncement : 11.12.2024 ORDER

PER SHAMIM YAHYA, AM :

1.

The Revenue has filed the instant Appeal against the Order of the Ld. CIT(Appeal-30), New Delhi dated 22.3.2018, relating to assessment year 2009-10.

2.

At the threshold, it is noted that in the first round of appeal before the Tribunal this appeal was dismissed vide order dated 16.4.2021 on account low tax effect i.e. tax effect was below Rs. 50 lacas, in view of the earlier CBDT Circular No. 17/2019 dated 8.8.2019. Later on the Revenue has filed the Misc. Application before the Tribunal by submitting that the tax effect comes to Rs. 50,98,500 which is more than Rs. 50 lacs. Accordingly, the Tribunal recalled the order dated 16.4.2021, vide its order dated 15.3.2024 passed in MA No. 176/Del/2021 which . As a result thereof, the instant appeal again fixed for hearing before us.

3.

At the time of hearing, Ld. AR for the assessee has submitted that the tax effect in this appeal of the Revenue is below Rs. 60 lakhs, in view of the latest CBDT Circular No.09/2024 dated 17.09.2024 wherein, the CBDT has again revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 60 lakhs. In view of this, he requested that the Revenue’s appeal may be dismissed accordingly.

4.

Ld. CIT-DR fairly agreed that the tax effect in this appeal of the Revenue is below the prescribed limit, in view of the latest CBDT circular dated 17.9.2024 (supra).

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