DCIT, CENTRAL CIRCLE, GHAZIABAD vs. JPS REINFORCED PIPES PRIVATE LIMITED, NEW DELHI

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ITA 1331/DEL/2021Status: DisposedITAT Delhi22 October 2024AY 2017-18Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)3 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 dismissed both appeals as non-maintainable, citing CBDT Circular No. 09 of 2024, which sets a monetary limit for Revenue appeals, as the tax effect was below Rs. 60 lacs. The Department was granted liberty to recall the order if the cases fall under the exceptions mentioned in CBDT Circular No. 5 of 2024.

What were the facts?

The Department filed two appeals against the Commissioner of Income Tax (Appeals)-Kanpur-4's orders for Assessment Years 2011-12 and 2017-18. The grievance in these appeals involved a tax effect less than Rs. 60 lacs.

What were the issues?

Whether appeals filed by the Revenue are maintainable if the tax effect is below the monetary limit prescribed by CBDT circulars, specifically Circular No. 09/2024 and No. 5/2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

Before: SHRI S. RIFAUR RAHMAN & SHRI YOGESH KUMAR U.S.

For Appellant: Adv & Sh. Somil
For Respondent: Shri Dayainder Singh Sidhu, CIT (DR)
Hearing: 17/10/2024Pronounced: 22/10/2024

Heard together (2 matters)

ITA No. 1327/Del/2021
ITA No. 1331/Del/2021

Read from the judgment's own cause title. This page is filed under one of them.

against the order of Commissioner of Income Tax (Appeals)- Kanpur-4, 12/07/2021 for the Assessment Year 2011-12 and 2017-18 respectively.

2.

The grievance of the Revenue in the above Appeals shown in the Form No. 36are less than tax effect of Rs.60 lacs, therefore, the present appeals filed by the Revenue are not maintainable in the light of the CBDT Circular No.09 of 2024 dated 17/09/2024.

Therefore, the present Appeals are dismissed with a liberty to the Department of Revenue to recall the order if Appeal filed by the Revenue is comes under any of the exceptions mentioned Circular No. 5/2024 dated 15/03/2024 issued by the CBDT.

Order pronounced in open Court on 22nd October, 2024

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