ACIT, CIRCLE-1(1), BHUBANESWAR V. HI TECH ESTATES & PROMOTERS PRIVATE LIMITED, BHUBANESWAR

ITA 736/CTK/2025

AI Insights

The case involves multiple appeals by the revenue against the consolidated order of the Ld. CIT(A), Bhubaneswar-2, concerning various assessment years. The primary legal issue was whether the appeals were maintainable given the monetary limits set by the CBDT Circular No. 9/2024. The revenue's appeals were dismissed as the tax effect was below the stipulated threshold of Rs. 60,00,000. The tribunal noted that if the revenue later finds that the tax effect exceeds this amount or if the appeals are otherwise maintainable, they are at liberty to file a miscellaneous petition for recalling this order.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837501 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2002-2003
• Appeal Filed On: 13-12-2025
• Laws Referred To: CBDT Circular No. 9/2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASIM KUMAR CHAKRABORTY
• Assessee Lawyers: B.D.OJHA; ABHISHEK OJHA; ARS
• Keywords: Tax effect

Judgement Text

" आयकर अपीलीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER आयकर अपील सं/ITA Nos.735, 736, 739, 740 & 742/CTK/2025 (नििाारण वर्ा / A.Yrs : 2001-02, 2002-03, 2005-06, 2006-07 & 2000-01) ACIT, Bhubaneswar Vs Hi-Tech Estates & Promoters Pvt Ltd, Bhubaneswar, Odisha-751007 PAN No. :AAACH 9591 G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri B.D.Ojha & Shri Abhishek Ojha, ARs राजस्व की ओर से /Revenue by : Shri Asim Kumar Chakraborty, CIT-DR सुनवाई की तारीख / Date of Hearing : 17/02/2026 घोषणा की तारीख/Date of Pronouncement : 17/02/2026 आदेश / O R D E R Per Bench : These are the appeals filed by the revenue against the consolidated order of Ld.CIT(A), Bhubaneswar-2, dated 22.10.2025 for the assessment years 2001-02, 2002-03, 2005-06, 2006-07 & 2000-01, respectively. 2. At the outset, the Ld. Counsel for the assessee submitted vide the CBDT Circular No. 9/2024 dated 17.09.2024, the monetary limits for filing of appeal by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as a measure for reducing Litigation. The revised monetary limits laid down in para-2 of this Circular are as follows: 1. Before Appellate Tribunal : Rs. 60,00,000/- 2. Before High Court : Rs. 2,00,00,000/- 3. Before Supreme Court : Rs. 5,00,00,000/- 3. In the present appeals of the revenue, the tax effect is less than Rs.60,00,000/-, therefore, in view of the above CBDT Circular, we hold that Printed from counselvise.com Hi-Tech Estates & Promoters Pvt. Ltd. 2 the appeals filed by the Department, against the impugned order of the Ld. CIT(A), are contrary to the policy decision of the Department and as such the appeal filed by the Department are dismissed in limine as not maintainable. 4. As a matter of caution, we observe that if the Revenue finds at a later point of time that the tax effect in these appeals are more than Rs.60 lakhs or despite low tax effect, the appeals of the revenue are maintainable, the revenue is at liberty to move a miscellaneous petition before this Tribunal for recalling of this order in all the appeals. 5. In the result, all the appeals of the revenue are dismissed. Order dictated and pronounced in the open court on 17/02/2026. Sd/- (MADHUSUDAN SAWDIA) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER ददनाांक Dated 17/02/2026 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) आयकर अपीलीय अधिकरण, कटक/ITAT, Cuttack 1. अपीलार्थी / The Appellant - 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, Cuttack 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// Printed from counselvise.com "