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Facts
The Revenue filed an appeal against the order related to Assessment Year 2019-20. The tax effect involved in the appeal was Rs. 21,51,500/-.
Held
The Tribunal noted that the tax effect was below the threshold limit prescribed by the CBDT's Circular No. 9/2024, which was made applicable retrospectively to pending appeals. Therefore, the appeal was rejected.
Key Issues
Whether the Revenue's appeal should be dismissed due to the tax effect being below the prescribed limit as per CBDT circular.
Sections Cited
147, 144
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2019-20 Income Tax Officer, Vs Rajender, Opposite Mansarovar Park, Civil H. No. 157, VPO-Kheri, Road, Rohtak, Meham, Rohtak, Haryana-124001 Haryana-124112 (APPELLANT) (RESPONDENT) PAN No. AQFPR7495H Assessee by: Sh. Naveen Kumar Goyal, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 30.10.2025 Date of Pronouncement: 30.10.2025 ORDER
This Revenue’s appeal for Assessment Year 2019-20, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1079382727(1) dated 07.08.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges at the outset that the Revenue's instant appeal involves tax effect of Rs.21,51,500/- 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 Rajender circular has been made applicable with retrospective effect on all pending appeals as well. I thus reject the Revenue's instant appeal for this precise reason subject to all just exceptions.