ITO WARD 39 (2) vs. KIMTI LAL JAIN,
Income Tax Appellate Tribunal, DELHI BENCHES : C : NEW DELHI
Before: SHRI M. BALAGANESH & SHRI ANUBHAV SHARMAAssessment Year: 1998-99
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the Revenue against the order dated
27.09.2006 of the Commissioner of Income-tax (Appeals)-XXVIII, New Delhi
CO No.40/Del/2008
(hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in Appeals No. 14/06-07 arising out of the appeal before it against the order dated
13.03.2006 passed u/s 143(3)/148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the ITO, Ward 39(2), New Delhi (hereinafter referred to as the Ld. AO). The assessee has also filed the above Cross
Objection.
At the time of hearing, at the outset, the ld. AR has mentioned that the assessee-respondent had died. The ld. AR then brought to the notice of the Bench that the instant appeal filed by the Revenue, admittedly, has a tax effect of below Rs.60 lakhs and the same falls into the category of low tax effect appeals after the enhanced monetary limits of Rs. 60 lacs, for appeals to be filed by the department before this Tribunal, laid by the CBDT vide Circular Nos. 5/2024 dated 15.3.24 and 09/2024 dated 17th September, 2024. We find the Revenue has challenged the deletion of the addition made by AO of Rs.1,15,25,047/- and thus the tax effect involved in the appeal of the Revenue is below Rs.60 lakhs and the same is, therefore, liable to be dismissed as not maintainable vide the CBDT Circulars (supra). CO No.40/Del/2008
Since the appeal filed by the Revenue has been dismissed, the CO filed by the assessee becomes infructuous and the same is dismissed as such.
In the result, the appeal of the Revenue as well as the CO filed by the assessee are dismissed.
Order pronounced in the open court on 12.03.2025. (M. BALAGANESH) (ANUBHAV SHARMA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Dated: 12th March, 2025. dk