DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -03, NEW DELHI, DELHI vs. RAMAVTAR AGARWAL, DELHI

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ITA 3079/DEL/2023Status: DisposedITAT Delhi08 October 2024AY 2013-14Bench: SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (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 observed that the CBDT Circular No. 09/2024 dated 17/09/2024 revised the monetary limit for filing appeals before the Tribunal to Rs. 60 Lacs. Since the Revenue's appeal had a low tax effect, it was deemed not maintainable as per the revised monetary limits. Consequently, the Revenue's appeal was dismissed, and the assessee's cross-objection was also dismissed as infructuous.

What were the facts?

The Revenue filed an appeal and the assessee filed a cross-objection for AY 2013-14, challenging an assessment order passed u/s 153A of the Income-tax Act, 1961. The appeal arose from the order of the CIT(A), New Delhi.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the revised monetary limits specified by CBDT Circular No. 09/2024, and the consequential status of the assessee's cross-objection.

Which sections of the Income-tax Act were involved?

Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI M. BALAGANESH & SHRI VIMAL KUMAR

For Appellant: Dr. Rakesh Gupta, Adv. and Shri Somil Agarwal, Adv
For Respondent: Ms. Anu Krishna Agarwal, CIT - D.R
Hearing: 08/10/2024Pronounced: 08/10/2024

Heard together (2 matters)

CO No. 17/Del/2024
ITA No. 3079/Del/2023

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

O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in CO No. 17/Del/2024 for AY 2013-14, arise out of the order of the Commissioner of Income Tax (Appeals)-23, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] in Appeal No. CIT(A), Delhi-23/10080/2012-13 dated 17.08.2023 against the order of assessment passed u/s 153A of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 28.09.2021 by the Assessing Officer, DCIT, Central Circle-03, New Delhi (hereinafter referred to as ‘ld. AO’).

2.

We find that the 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 final result, the appeal of the Revenue stands dismissed.

5.

In view of the above, the Cross objection preferred by the assessee is dismissed as infructuous.

6.

In the result, the appeal of the revenue is dismissed and cross objection filed by the assessee is also dismissed.

Order was pronounced in the open court on 08/10/2024.

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