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Facts
The Revenue appealed against the CIT(A)'s order which deleted a commission income addition of Rs. 1.46 crore and held a reassessment order invalid due to delayed notice under section 143(2). The assessee's counsel contended that the tax effect in the appeal was below Rs. 60 lakhs, citing CBDT Circular No. 09/2024, and requested dismissal.
Held
The Tribunal noted that the Ld. Sr. DR agreed that the tax effect was below the prescribed monetary limit of Rs. 60 lakhs for filing departmental appeals to the ITAT, as per CBDT Circular No. 09/2024. Consequently, the Tribunal dismissed the Revenue's appeal as not maintainable.
Key Issues
Maintainability of the Revenue's appeal before the ITAT based on the prescribed monetary limit as per CBDT Circular No. 09/2024.
Sections Cited
143(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”, NEW DELHI
A.YR. : 2016-17 DCIT, CENTRAL CIRCLE-8, SHRI HANISH BANSAL, E-2, ARA CENTRE, JHANDEWALAN VS. F-86, NEW SEELAM PUR, EXTENSION, NEW DELHI – 55 DELHI – 53 (PAN: AKTPB0813B) (APPELLANT) (RESPONDENT) Appellant by : Sh. Pranshu Singhal, CA Respondent by : Sh. Rajesh Kumar Dhanesta, Sr. DR. Date of hearing : 26.11.2024 Date of pronouncement : 06.12.2024 ORDER
PER SHAMIM YAHYA, AM :
The Revenue has filed the instant Appeal against the Order of the Ld. CIT(Appeal-24), New Delhi dated 30.10.2023, relating to assessment year 2016- 17 on the following ground:-
1. Ld. CIT(A) has erred in deleting the addition of Rs. 1,46,37,772/- on account of commission income.
2. Ld. CIT(A) has erred in treating reassessment order invalid on delay issuance of notice u/s. 143(2) of the Act during Covid 19 pandemic.
3. Ld. CIT(A) has erred in not delving into the merits of case where the AO has dearly established commission of the assessee based on evidence available.
2. 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 this behalf, he drew our attention towards his Synopsis wherein, it has been mentioned that the tax effect in this case, as per latest CBDT Circular is Rs. 50,84,765/-. He also filed a copy of 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. In view of this, he requested that the Revenue’s appeal may be dismissed accordingly.
At the time of hearing, Ld. Sr. DR fairly agreed that the tax effect in this appeal of the Revenue is below the prescribed limit.
In view of the above position, we deem it fit and proper to dismiss the appeal of the Revenue in the light of the latest Circular No.09/2024 of the CBDT dated 17.09.2024, as not maintainable.
In the result, the appeal of the Revenue is dismissed. Order pronounced on 06/12/2024.