INCOME TAX OFFICER, DELHI vs. RDSS FAB PRIVATE LIMITED, DELHI

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ITA 1836/DEL/2025Status: DisposedITAT Delhi23 September 2025AY 2015-16Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANISH AGARWAL (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 held that the Revenue's first appeal was hit by the CBDT Circular No. 09 of 2024, which revised the monetary limit for departmental appeals to Rs. 60 lakhs. The second appeal was also dismissed in light of a Madras High Court decision stating Section 115BBE applies from 01.04.2017 onwards.

What were the facts?

The Revenue filed appeals against the assessee's cross objections for assessment years 2015-16 and 2017-18, concerning additions made under Section 147. The tax effect of the additions in the first appeal was Rs. 39,89,861, and in the second appeal, it was Rs. 88,41,115.

What were the issues?

Whether the Revenue's appeals are maintainable in light of the revised monetary limits set by the CBDT and the applicability of Section 115BBE based on the date of transactions.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL

For Appellant: Shri Rajiv Kumar Jain, CA
For Respondent: Shri Manish Gupta, Sr. DR
Hearing: 09.09.2025Pronounced: 09.09.2025

Heard together (4 matters)

ITA No. 1836/Del/2025
CO No. 115/Del/2025
ITA No. 1837/Del/2025
CO No. 116/Del/2025

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER SATBEER SINGH GODARA, J.M:

These Revenue’s twin appeals & 1837/Del/2025 with assessee’s as many cross objections C.O. Nos. 115 & 116/Del/2025 for A.Yrs.

2015-16 & 2017-18 arise against the CIT(A)/NFAC, Delhi’s as many DINs & Order Nos. ITBA/NFAC/S/250/2024-25/1072775229(1) & ITBA/NFAC/S/250/2024-25/1072776568(1), both dated 31.01.2025, in to as the ‘Act’, respectively.

Heard both the parties. Case files perused.

2.

Coming to the Revenue’s identical instant twin appeals & 1837/Del/2025, we note at the outset that the former case herein is stated to be involving tax effect of Rs. 39,89,861/- in column no. 10 of form 36. And that the factual position is hardly any different in the latter case as well, as its sole substantive ground seeks to revive an addition of Rs. 114,44,809/- whose tax effect has been computed as Rs. 88,41,115/- as per section 115BBE of the Act.

3.

The above being the clinching factual position, we are of the considered view that the Revenue’s above former appeal ITA 1836/Del/2025 is hit by the CBDT Circular No. 09 of 2024 dated 17.09.2024, revising the monetary limit for filing of the departmental appeals in the tribunal as Rs. 60 lakhs.

4.

We further find that the outcome is hardly different in the Revenue’s latter case ITA 1837/Del/2025 as well in light of hon’ble Madras high court’s recent decision in the case of SMILE Microfinance Ltd. v. ACIT in WP(MD) No. 2078 of 2020 & 1742 of 2020 dated 19.11.2024 (Mad.) holding that section 115BBE of the Act applies on transactions on or after 01.04.2017 only than in F.Y. 2016-17. We rejected in very terms.

5.

The assessee’s cross objections CO Nos. 115 & 116/Del/2025 stand rendered infructuous.

All other pleadings on merits between the parties are hereby rendered academic.

6.

To sum up, these Revenue’s twin appeals & 1837/Del/2025 and assessee’s cross objections CO Nos. 115 & 116/Del/2025 are dismissed in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in open court on 09.09.2025.

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