ACIT(EXEMPTIONS), CIRCLE-2(1), NEW DELHI vs. SATILILA CHARITABLE SOCIETY, NEW DELHI

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ITA 2798/DEL/2024Status: DisposedITAT Delhi16 December 2024AY 2012-13Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI SATBEER SINGH GODARA (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 observed that the tax effect of Rs. 56,48,896/- was below the Rs. 60 lakhs minimum threshold set by CBDT Circular No. 9/2024, which applies retrospectively. The Departmental Representative did not dispute this fact. Consequently, the Revenue's appeal was dismissed based on the low tax effect.

What were the facts?

The Revenue filed an appeal for Assessment Year 2012-13 against an order from the CIT(A)-NFAC, which stemmed from proceedings under sections 147 r.w.s. 144 of the Income-tax Act. The tax involved in this appeal was Rs. 56,48,896/-.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the threshold stipulated in a retrospective CBDT circular.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

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

Before: SHRI SHAMIM YAHYA & SHRI SATBEER SINGH GODARA

For Respondent: Ms. Jaya Chaudhary, CIT(DR)
Hearing: 11.12.2024Pronounced: 16.12.2024
1.

This Revenue’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre [in short, the “CIT(A)-NFAC”], Delhi’s DIN and order No. ITBA/NFAC/S/250/2023-24/1063715259(1) dated 30.03.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Heard both the parties at length. Case file perused.

3.

It emerges from the Revenue’s Form 36 forming part of the instant case file at column 10 that the tax involved herein is Rs. 56,48,896/- which is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024 with retrospective effect.

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