A.C.I.T., CIRCLE-2, GWALIOR vs. M/S CHAHAT INFRASTRUCTURE PVT. LTD., INDORE

PDF · subscribers
ITA 54/AGR/2014Status: DisposedITAT Agra11 February 2025AY 2010-11Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the tax effect of the Revenue's appeal was below the threshold prescribed by CBDT Circular No. 9/2024. The Departmental Representative did not dispute the applicability of this circular to pending appeals.

What were the facts?

The Revenue filed an appeal for assessment year 2010-11 against the CIT(A)'s order, which was issued under section 143(3) of the Income-tax Act. The assessee did not appear for the hearing.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the tax effect threshold set by a recent CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)

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: 11.02.2025Pronounced: 11.02.2025

ORDER

Per Satbeer Singh Godara, Judicial Member:

1.

This Revenue’s appeal for assessment year 2010-11, arises against the Commissioner of Income Tax (Appeals) [in short, the “CIT(A)], Gwalior’s order dated 06.12.2013 in Appeal No. 423/IT/11- 12/Gwl, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.

3.

It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs. 59,45,870/- 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 11TH February, 2025.

Recent GST High Court judgments

Search GST case law →