DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. KMG AGRO FOODS PVT LTD, DELHI

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ITA 3850/DEL/2024Status: DisposedITAT Delhi03 December 2024AY 2018-19Bench: SHRI MAHAVIR SINGH (Vice President), SHRI NAVEEN CHANDRA (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 observed that the tax effect in the Revenue's appeal (₹55,61,613/-) was below the revised monetary limit of ₹60 lakhs. Therefore, in accordance with the CBDT Circular, the appeal was deemed not maintainable and was dismissed.

What were the facts?

The Revenue filed an appeal against an order of the learned CIT(A). The tax effect involved in this appeal was ₹55,61,613/-. Subsequently, the CBDT, vide Circular No.09/2024 dated 17th September, 2024, revised the monetary limit for filing appeals before the Tribunal to ₹60 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the revised monetary limit set by a CBDT circular.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI MAHAVIR SINGH SHRI MAHAVIR SINGH, , , , VICE SHRI MAHAVIR SINGH & SHRI NAVEEN CHANDRA, ACCOUNTANT SHRI NAVEEN CHANDRA SHRI NAVEEN CHANDRA

For Respondent: Shri Om Parkash, Senior DR
Pronounced: 03.12

This appeal by the Revenue is arising out of the order of learned CIT(A), Delhi dated 25th June, 2024.

2.

It is observed that the tax effect in this appeal of the Revenue is `55,61,613/-. The CBDT, vide Circular No.09/2024 dated 17th September, 2024 has revised the monetary limit for filing the appeals before the Tribunal to `60 lakhs. In these circumstances, the present appeal filed by the Revenue is not maintainable in view of the above Circular of CBDT, and is accordingly dismissed.

3.

In the result, the appeal of the Revenue is dismissed. Above decision was pronounced in the open Court on conclusion of hearing on 3rd December, 2024.

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