DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, AGRA vs. KAILASH CHANDRA AGARWAL, JHANSI
Facts
The Revenue filed an appeal against the CIT(A)'s order for assessment year 2020-21. The assessee did not appear at the hearing, so the proceedings were conducted ex parte.
Held
The tax effect of the Revenue's appeal was found to be less than the minimum threshold prescribed by CBDT Circular No. 9/2024. The Departmental Representative did not dispute this fact, and the circular was made applicable retrospectively.
Key Issues
Whether the appeal should be dismissed on the grounds of low tax effect as per CBDT Circular No. 9/2024?
Sections Cited
143(3), 144, Income-tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA No. 62/Agr/2024 Assessment Year: 2020-21
DCIT, Central Circle, Vs. Kailash Chandra Agarwal, 199- Agra. 200, Sarafa Bazar, Jhansi (UP). PAN : ADFPA0959A (Appellant) (Respondent)
Assessee by None Department by Sh. Shailendra Shrivastava, Sr. DR
Date of hearing 18.02.2025 Date of pronouncement 18.02.2025
ORDER Per Satbeer Singh Godara, Judicial Member: This Revenue’s appeal for assessment year 2020-21, arises against the Commissioner of Income Tax (Appeals)-4 [in short, the “CIT(A)], Kanpur’s order dated 15.12.2023 in Appeal No. CIT(A)-
IV/KNP/11108/2019-20, involving proceedings under section 143(3) r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. We, accordingly, proceed ex parte against him.
ITA No. 62/Agr/2024
It emerges at the outset that the Revenue's instant appeal involves
tax effect of Rs.56,08,714/- 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.
Learned Departmental Representative is indeed very fair in not
disputing the fact that the CBDT's foregoing tax effect circular has been
made applicable with retrospective effect on all pending appeals as well.
We thus reject the Revenue's instant appeal for this precise reason
subject to all just exceptions.
This Revenue's appeal is dismissed in above terms.
Order pronounced in the open court on 18.02.2025.
Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18.02.2025 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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