ACIT-16(2), MUMBAI V. BSRR & CO., MUMBAI

ITA 5806/MUM/2025

AI Insights

The case involves two appeals by the Revenue against orders passed by the NFAC, Delhi, concerning the quantum of assessment for the Assessment Year 2015-16 under section 143(3) of the Income Tax Act. The appeals were related to disallowances made under section 40(a)(i) of the Act. The tax effect for both appeals was below Rs.60 lakhs, which is the threshold set by the CBDT Circular No.09/2024 for filing appeals. The Department conceded to withdraw the appeals but requested the option to re-approach the Tribunal if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 787444 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2015-2016
• Appeal Filed On: 22-09-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KRISHNA KUMAR
• Assessee Lawyers: AJIT JAIN SIDDESH
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.5806/Mum/2025 (Assessment Year :2015-16) ACIT-16(2), Mumbai Vs. BSRR & Co., Lodha Excelus, 1st Floor Apollo Mills Compound N.M. Joshi Marg Mahalaxmi, Mumbai – 400 011 PAN/GIR No.AAKFB1884H (Appellant) .. (Respondent) ITA No. 5848/Mum/2025 (Assessment Year :2015-16) ACIT-16(2), Mumbai Vs. BSR & Co., Lodha Excelus, 1st Floor Apollo Mills Compound N.M. Joshi Marg Mahalaxmi, Mumbai – 400 011 PAN/GIR No.AAIFB4734C (Appellant) .. (Respondent) Assessee by Shri Ajit Jain / Shri Siddesh Chaugule Revenue by Shri Krishna Kumar, Sr. DR Date of Hearing 20/11/2025 Date of Pronouncement 20/11/2025 Printed from counselvise.com ITA No.5806/Mum/2025 & 5848/Mum/2025 BSRR & Co., and BSR & Co., 2 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeals have been filed by the Revenue against order dated 10/06/2025 passed by NFAC, Delhi for the quantum of assessment passed u/s.143(3) for the A.Y. 2015-16. 2. In the course of hearing, it was noticed that the tax effect on the disputed issue in the impugned assessments years filed by the Revenue was Rs.78,40,166/- for A.Y.2015-16 in ITA No. No.5806/Mum/2025; Rs.97,79,565/- for A.Y.2015-16 in A.Y.5848/Mum/2025 with regard to disallowance u/s.40(a)(i) wherein, the tax effect involved in this appeal is around Rs.24.22 lakhs and Rs.32 lakhs approximately which is below the prescribed limit of Rs.60 Lacs. The Ld. DR, fairly conceded that the present appeal needs to be withdrawn in accordance with the CBDT Circular No.09/2024 dated 17th September, 2024. He, however, requested that a liberty may be given to the Department to verify whether the case was covered in any of the exceptions and, if so, to approach the Tribunal at a later date. 4. Since the tax effect involved in this case is below the limit of Rs.60 Lacs as prescribed in CBDT's Circular No.09/2024 dated 17th September, 2024, the present appeal filed by the Revenue is not maintainable. The said Circular stipulated that the revised monetary limit for filing of appeals shall apply Printed from counselvise.com ITA No.5806/Mum/2025 & 5848/Mum/2025 BSRR & Co., and BSR & Co., 3 to pending appeals as well, which may be accordingly withdrawn. 5. Accordingly, these appeals are liable to be withdrawn by the Revenue and to be treated as dismissed. At the same time, the Revenue is free to approach this Tribunal, in case it is found that the case is covered in any of the exceptions of the said Circular. 6. In the result, the appeals filed by the Revenue are dismissed. Order pronounced on 20th November, 2025. Sd/- (GIRISH AGRAWAL) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 20/11/2025 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// Printed from counselvise.com "