DEPUTY COMMISSIONER, DELHI vs. ROMESH SHARMA, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Per Satbeer Singh Godara, Judicial Member:
This Revenue’s appeal for Assessment Year 1999-2000, arises against the CIT(A)-31,
Delhi’s
DIN
&
order
No.
ITBA/APL/S/250/2024-25/1070337193(1) dated 13.11.2024, in proceedings u/s 158BC r.w.s. 254 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
Coming to the Revenue’s sole substantive ground seeking to revive the Assessing Officer’s action making the assessee’s cash expenditure payments disallowance of Rs.1,26,28,000/- which has been deleted in the CIT(A)’s lower appellate discussion, we note that the necessary tax thereon comes to be Romesh Sharma
2
less than the minimum tax effect prescribed of Rs.60 lakhs as per 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.
This Revenue's appeal is dismissed in above terms. Order Pronounced in the Open Court on 16/10/2025. (Manish Agarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 16/10/2025 *Subodh Kumar, Sr. PS*