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Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Assessment Year: 2021-22 Vs. Elentec Power India (EPI) Pvt. Income Tax Officer, CR Building, Ltd., New Delhi A-15/31, LGF, Vasant Vihar, Delhi PAN :AAFCE7588K (Appellant) (Respondent) Assessee by None Department by Sh. Sanjay Kumar, Sr. DR Date of hearing 06.01.2025 Date of pronouncement 06.01.2025 ORDER This Revenue’s appeal for assessment year 2021-22, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1067413041(1), dated 07.08.2024 involving proceedings under section 143 r.w.s. 144C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. I accordingly proceeded ex-parte against him.
It emerges at the outset with the able assistance coming from the learned Departmental Representative that the total tax effect involved as per column 10 in Revenue’s Form 36 in this appeal file, is that of Rs.2,59,920/- which is less than the minimum tax effect prescribed of Rs.60 lakhs in the CBDT latest Circular No. 9/2024, dated 17.09.2024 with retrospective effect.
Learned Departmental Representative is indeed very fair in not disputing the fact that the CBDT’s foregoing tax effect circular has been made applicable on all pending appeals as well. We thus reject the Revenue’s instant appeal for this precise reason subject to all just exceptions.