JCIT, OSD, DELHI vs. MIDAS POLYPACK PVT LTD, NOW KNOWN AS AG POLYPACK PVT LTD, DELHI

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ITA 1347/DEL/2025Status: DisposedITAT Delhi14 October 2025AY 2014-15Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)3 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 observed that the total additions made in the assessment orders were Rs.20,70,068/-, Rs.2,40,000/-, and Rs.2,40,000/- for the respective assessment years. It was noted that the grievance of the Revenue pertained to deletions where the tax effect was less than Rs.60 lakhs.

What were the facts?

The Revenue filed appeals against the order of the Pr. CIT (Appeals) for AYs 2014-15 to 2016-17. The assessee's counsel argued that the tax effect in these appeals is less than Rs.60 lakhs, making them liable for dismissal under CBDT Circular No.09 of 2024.

What were the issues?

Whether appeals with a tax effect below the threshold stipulated in CBDT Circular No.09 of 2024 are maintainable. The applicability of Section 153C(1) and the calculation of block periods in relation to search dates.

Which sections of the Income-tax Act were involved?

Section 153C(1)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH “C” NEW DELHI

Before: SHRI CHALLA NAGENDRA PRASAD & SHRI MANISH AGARWAL

Hearing: 09.10.2025

सुनवाईक�तारीख/ Date of hearing: 09.10.2025 14.10.2025 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M.

The appeals are filed by the Revenue against the common order of the Ld. Pr. CIT (Appeals), Delhi-1, dated 03/03/2025 for the AYs 2014-15 to 2016-17. Revenue raised the following common grounds in all these appeals: -

1.

“Whether on the facts and under the circumstances of the case and in law, the Ld.CIT(A) was justified in relying upon the judgement of Hon’ble Delhi High Court in the case of 1

PCIT, Central-1, Delhi vs Ojjus Medicare Pvt. Ltd. (ITA No 52 of 2024), even when the Revenue has filed a SLP against this decision of the Hon'ble Delhi High Court?

2. Whether on the facts and under the circumstances of the case and in law, the Ld.CIT(A)-was justified in holding that block periods for assessment under section 153C(1) of the Income-tax Act, 1961, have to be calculated six years prior to the AY in which satisfaction note was recorded by concerned Assessing Officer even when Section 153C(1) of the Act clearly mentions that calculation of block period has to be done from the year of search?

3.

Whether on the facts and circumstances of the case and in law, Hon'ble High Court justified in relying on the judgment of Hon’ble Supreme Court in the case of ClT vs. Jasjit Singh (2023 SCC Online SC 1265) and of Hon'ble High Court in the case of CIT vs. RRJ Securities Ltd. (2015 SCC Online Del 13085), even though the facts of the instant case arc different from that of Jasjit Singh case and RRJ Securities case, since the decisions rendered by the Court in Jasjit Singh as well as in RRJ Securities had dealt with a pre-2017 position (i.e. for search conducted before 1st April, 2017) and hence are clearly distinguishable?

4. The appellant craves leave tor reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.”

2.

Ld. Counsel for the assessee, at the outset, submitted that the tax effect in all these Revenue’s appeals is less than Rs.60 lakhs and thus the appeals are liable to be dismissed in view of the CBDT Circular No.09 of 2024 dated 17/09/2024. On the other hand, Ld. DR could not controvert the submission of the Ld. AR.

3. On perusal of the assessment orders passed by the Assessing Officer for assessment years 2014-15 to 2016-17 it is observed that the total additions made in the assessment orders stood at Rs.20,70,068/-, 2,40,000/- and Rs.2,40,000/- respectively.

Therefore, it is observed that the grievance of the Revenue in these appeals is with respect to the deletion of additions on which the tax effect would certainly is less than Rs.60 lakhs. Therefore, the present appeals filed by the Revenue are not maintainable in the light of the CBDT Circular No.09 of 2024 dated 17/09/2024.

4.

In the result, the appeals filed by the Revenue are dismissed.

Order pronounced in the open court on 14.10.2025

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