DCIT, CENTRAL CIRCLE-15, NEW DELHI vs. MS HENELL FINE COLLECTION PVT. LTD., NEW DELHI

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ITA 2166/DEL/2023Status: DisposedITAT Delhi12 November 2024AY 2017-18Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI VIMAL KUMAR (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 Income Tax Appellate Tribunal observed that CBDT Circular No.09/2024, dated 17/09/2024, set a revised monetary limit of Rs.60 Lacs for filing appeals. As the present appeal by the Revenue had a low tax effect falling below this threshold, the Tribunal concluded it was not maintainable.

What were the facts?

The Department of Revenue filed an appeal against the order of the Ld. CIT(A) dated 11/05/2023, which pertained to an assessment order passed by the Ld. AO on 31/12/2019 for the Assessment Year 2017-18.

What were the issues?

The maintainability of the Revenue's appeal before the Tribunal in light of the revised monetary limits for tax effect prescribed by CBDT Circular No.09/2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Bharat Beriwal, Adv
For Respondent: Shri Koushlendra Tiwari, Sr. DR
Hearing: 30/10/2024Pronounced: 12/11/2024
1.

The appeal of the Department of Revenue is against order dated 11/05/2023 of Learned Commissioner of Income Tax (Appeals)-26, New Delhi [hereinafter referred to as ‘Ld. CIT(A)’]arising out of Assessment Order dated 31/12/2019 of the Assistant Commissioner of Income Tax, Central Circle-15, Delhi[hereinafter referred to as “Ld. AO”] for the Assessment Year 2017-18. Page1 DCIT vs. M/s. Henell Fine Collection Pvt. Ltd.

2.

We find that CBDT vide Circular No.09/2024 dated 17/09/2024 has revised the monetary limit for filing the appeals before the Tribunal to Rs.60 Lacs. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

3.

In conclusion, by applying the CBDT Circular No.09/2024 dated 17/09/2024 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

4.

In the result, the appeal of the Revenue is dismissed.

Order pronounced on 12th November, 2024.

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