ASSISTANT COMMISSIONER OF INCOME TAX, AGRA vs. MS JAI BABA CONSTRUCTION, JHANSI

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ITA 112/AGR/2023Status: DisposedITAT Agra17 February 2025AY 2009-10Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 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 noted that the tax effect of the Revenue's appeal was Rs.42,87,269, which is less than the minimum tax effect of Rs.60 lakhs prescribed by CBDT Circular No. 9/2024. The Departmental Representative did not dispute the applicability of this circular with retrospective effect.

What were the facts?

The Revenue filed an appeal for assessment year 2009-10 against an order of the CIT(A)-NFAC. The appeal involved proceedings under section 147 of the Income-tax Act, 1961. Both parties were heard at length, and the case file was perused.

What were the issues?

Whether the appeal should be dismissed due to the tax effect being below the prescribed limit as per CBDT Circular No. 9/2024.

Which sections of the Income-tax Act were involved?

Section 147

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

Hearing: 13.02.2025Pronounced: 13.02.2025

ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

This Revenue’s appeal for assessment year 2009-10, 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/250/2023-24/1051948939(1) dated 10.04.2023, involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Heard both the parties at length. Case file perused.

3.

It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs.42,87,269/- 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.

4.

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.

5.

This Revenue's appeal is dismissed in above terms.

Order pronounced in the open court on 13.02.2025

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