ASST. CIT., CENTRAL CIRCLE, , AGRA vs. S.B. ORNAMENTS PVT. LTD. , AGRA

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ITA 155/AGR/2022Status: DisposedITAT Agra11 February 2025AY 2017-18Bench: 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 appeal was below the prescribed threshold in the latest CBDT circular. The Departmental Representative did not dispute the applicability of this circular.

What were the facts?

The Revenue filed an appeal for assessment year 2010-11 against an order from the CIT(A). The appeal involves tax effect of Rs.59,14,167, which is less than the minimum tax effect prescribed by CBDT Circular No. 9/2024.

What were the issues?

Whether the appeal is maintainable given the tax effect is below the prescribed limit in the latest 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)-4 [in short, the “CIT(A)], Kanpur’s order dated 28.06.2022 in Appeal No. CIT(A)- IV/KNP/10542, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Heard both the parties. Case file perused.

3.

It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs.59,14,167 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.

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