INCOME TAX OFFICER, DELHI vs. RDSS FAB PRIVATE LIMITED, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘G’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
PER SATBEER SINGH GODARA, J.M:
These Revenue’s twin appeals ITA Nos. 1836 & 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 RDSS Fab Pvt. Ltd.
proceedings u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’, respectively.
Heard both the parties. Case files perused.
2. Coming to the Revenue’s identical instant twin appeals ITA Nos. 1836 &
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
RDSS Fab Pvt. Ltd.
accordingly conclude that the Revenue’s latter appeal herein also deserves to be 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 ITA Nos. 1836 & 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. (MANISH AGARWAL)
JUDICIAL MEMBER
Dated: 23.09.2025. *MP*