INCOMETAXOFFICER(E) WARD-1(3), NEW DELHI vs. BASKETBALL FEDRATION OF INDIA, DELHI

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ITA 614/DEL/2024Status: DisposedITAT Delhi22 October 2024AY 2018-19Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (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 dismissed the appeal filed by the Revenue as not maintainable. This decision was based on the fact that the tax effect of Rs. 57,08,304/- was below the revised monetary threshold of Rs. 60 lakhs for departmental appeals to the ITAT, as stipulated by CBDT Circular No. 09/2024 dated 17.09.2024.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2018-19. The tax effect involved was Rs. 57,08,304/-, which falls below the revised monetary limit of Rs. 60 lakhs for filing departmental appeals to the ITAT, as per CBDT Circular No. 09/2024 dated 17.09.2024. The Revenue's representative conceded to the dismissal on this ground.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”, NEW DELHI

For Respondent: Shri Javed Akhtar, CIT (DR)
Hearing: 17.10.2024

(ASSESSMENT YEAR : 2018-19) ITO (E), Ward 1(3), vs. Basketball Federation of India, New Delhi. No. 2B, Sagar Appartments, 6, Tilak Marg, New Delhi – 110 001. (PAN: AAAJB0708L) (Appellant) (Respondent) ASSESSEE BY: None REVENUE BY : Shri Javed Akhtar, CIT (DR) Date of Hearing : 17.10.2024 Date of Order : 22.10.2024 O R D E R

PER S.RIFAUR RAHMAN,AM:

1.

This appeal is filed by the Revenue against the order of the ld. Commissioner of Income-tax (Appeals) /NFAC, New Delhi (hereinafter referred to ‘Ld. CIT (A)’) dated 11.01.2024 pertaining to Assessment Year 2018-19.

2.

On perusal of Form No. 36 filed by the Revenue, we note that tax effect in this case is Rs. 57,08,304/-. However, the CBDT in its Circular No.09/2024 dated 17.09.2024 has recently revised the ITAT at Rs.60 lakhs. Ld. DR for the Revenue has accepted this factual matrix and has no objection, if the appeal of the Revenue is dismissed on this account.

3.

None appeared on behalf of the Assessee despite issue of notice for hearing. Therefore, we proceeded to decide this appeal exparte with the assistance of Ld. DR and perused the records.

4.

In view of the aforesaid factual matrix, we deem it fit and proper to dismiss this appeal of the Revenue in the light of the aforesaid latest Circular No.09/2024 of the CBDT dated 17.09.2024, as not maintainable.

5.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on this 22nd day of October, 2024.

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