BALMUKAND GATTANI , DCIT CIRCLE 1(1)(1) VADODARA, VADODARA V. NAGESH KUMAR AGRAWAL HUF, VADODARA

ITA 1512/AHD/2024

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax, Vadodara against Nagesh Kumar Agrawal-HUF, concerning the assessment year 2014-15. The appeal was directed against the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. During the proceedings, it was brought to attention that the tax effect involved in the appeal was below the threshold of Rs. 60 Lakhs as revised by the CBDT Circular No. 09 of 2024. Both parties acknowledged the applicability of the circular, leading to the dismissal of the appeal by the tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 473952 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Laws Referred To: CBDT Circular No. 09 of 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUDHAKAR VERMA
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER I.T.A. No.1512/Ahd/2024 (Assessment Year: 2014-15) Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara Vs. Nagesh Kumar Agrawal-HUF, 207, Fortune Tower, Saiyajigunj, Vadodara-390021 [PAN No.AADHN4672A] (Appellant) .. (Respondent) Appellant by : None Respondent by: Shri Sudhakar Verma, Sr. DR Date of Hearing 21.01.2025 Date of Pronouncement 22.01.2025 O R D E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre, (in short “NFAC”), Delhi vide order 21.06.2024 passed for A.Y. 2014-15. 2. At the time of hearing, it was submitted by the Ld. AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No. 09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.60 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore appeal of the Revenue is required to be dismissed in limine. ITA No.1512 /Ahd/2024 DCIT vs. Nagesh Kumar Agrawal Asst.Year –2014-15 - 2– 3. The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 09 of 2024. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner. 4. In the result, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 22/01/2025 Sd/- Sd/- (NARENDRA P. SINHA) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 22/01/2025 TANMAY, Sr. PS TRUE COPY आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 21.01.2025 2. Date on which the typed draft is placed before the Dictating Member 21.01.2025 3. Other Member………………… 4. Date on which the approved draft comes to the Sr.P.S./P.S .01.2025 5. Date on which the fair order is placed before the Dictating Member for pronouncement 22.01.2025 6. Date on which the fair order comes back to the Sr.P.S./P.S 22.01.2025 7. Date on which the file goes to the Bench Clerk 22.01.2025 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Dispatch of the Order…………………………………… "