ACIT, CENTRAL CIRCLE-18, NEW DELHI vs. ADISH ESTATES P.LTD, NEW DELHI

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ITA 4977/DEL/2017Status: DisposedITAT Delhi13 March 2025AY 2011-12Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI AMITABH SHUKLA (Accountant 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 held that the appeal filed by the Revenue was not maintainable. The reasoning was based on the fact that the tax effect involved in the appeal was below the prescribed limit of Rs. 60 lacs, as stipulated in CBDT Circular No. 09/2024 dated 17.09.2024. The Senior Departmental Representative for the Revenue fairly agreed with this position. Consequently, the Tribunal deemed it fit and proper to dismiss the appeal of the Revenue in light of the aforesaid circular. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, represented by the Income Tax Officer, Jind, filed an appeal against the order of the CIT(A), Jind, Haryana, dated 29.08.2024, for the assessment year 2015-16. The assessee is Kulbhushan Kansal. Upon reviewing the records, it was observed that the tax effect in this appeal was below the prescribed limit of Rs. 60 lacs, as stipulated in CBDT Circular No. 09/2024 dated 17.09.2024 for filing appeals before the Tribunal. The Senior Departmental Representative fairly agreed with this observation.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the Tribunal, considering the tax effect is below the monetary limit prescribed by CBDT Circular No. 09/2024 dated 17.09.2024? Assessee's Contention: The judgment does not record any specific contention from the assessee's side regarding the maintainability of the appeal. However, the factual matrix indicates the assessee would benefit from the appeal being dismissed on grounds of low tax effect. Revenue's Contention: The Senior Departmental Representative fairly agreed that the tax effect involved in the appeal is below the prescribed limit of Rs. 60 lacs, as stipulated in CBDT Circular No. 09/2024 dated 17.09.2024.

AI-generated summary — verify with the full judgment below

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

Before: SHRI SHAMIM YAHYA,

For Appellant: Shri B.K. Anand, CA

For Respondent: Shri Om Parkash, Sr. DR

Hearing: 24.03.2025Pronounced: 24.03.2025

ORDER

PER SHAMIM YAHYA, AM :

The Revenue has filed the Appeal against the Order of the Ld. CIT(A), Jind, Haryana, dated 29.08.2024, relating to assessment year 2015-16.

On perusal of the records, it transpires that the tax effect involved in this appeal is below the prescribed limit of Rs. 60 lacs, as stipulated in CBDT Circular No.09/2024 dated 17.09.2024 in filing the appeal before the Tribunal, for which Ld. DR fairly agreed.

Keeping in view of the aforesaid factual matrix, we deem it fit and proper to dismiss the appeal of the Revenue in the light of the aforesaid Circular No.09/2024 of the CBDT dated 17.09.2024, as not maintainable. Resultantly, the appeal of the Revenue is dismissed. Order pronounced in the Open Court on 24.03.2025.

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