BHAIJEE OVERSEAS LTD.,DELHI V. .DCIT, CENTRAL CIRCLE-8, NEW DELHI

CO 95/DEL/2023

AI Insights

This case involves an appeal by the Revenue and a Cross Objection by the assessee, M/s Bhaijee Overseas Ltd., against the order of the Commissioner of Income Tax (Appeals),-24, New Delhi, concerning the Assessment Year 2010-11. The primary issue was the tax effect amounting to Rs. 54,07,050/-, which was below the monetary limit for filing appeals as prescribed by the CBDT. However, due to a recent revision in the monetary limit to Rs. 60,00,000/-, the appeal was dismissed. Consequently, the C.O. was also dismissed as it became academic.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 40209 (ITAT-DELHI)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-12-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Laws Referred To: CBDT Circular No. 09 of 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH MAHAJAN
• Assessee Lawyers: SAMIR MAHAJAN
• Keywords: Tax effect

Judgement Text

" ITA & C.O. No.- 65/D/23 and 95/D/23 Bhaijee Overseas Ltd. Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘A’: NEW DELHI) BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER, ITA No: - 65/Del/2023 (Assessment Year: 2010-11) Dy. Commissioner of Income Tax, Central Circle-8, New Delhi. Vs. M/s Bhaijee Overseas Ltd., AG 402, Shalimar Bagh, Delhi-110088. PAN No: AADCB4458R APPELLANT RESPONDENT C.O. No: - 95/Del/2023 (Assessment Year: 2010-11) M/s Bhaijee Overseas Ltd., AG 402, Shalimar Bagh, Delhi- 110088. Vs. Dy. Commissioner of Income Tax, Central Circle-8, New Delhi. PAN No: AADCB4458R APPELLANT RESPONDENT Revenue by : Sh. Rajesh Mahajan, Sr. DR Assessee by : Shri Samir Mahajan, CA Date of Hearing : 18.12.2024 Date of Pronouncement : 18.12.2024 ITA & C.O. No.- 65/D/23 and 95/D/23 Bhaijee Overseas Ltd. Page 2 of 4 ORDER PER MAHAVIR SINGH, VP: This appeal by the Revenue and Cross Objection (C.O.) by the Assessee are arising out of the order of Commissioner of Income Tax (Appeals),-24,New Delhi-110055, in Appeal No. CIT(A), Delhi- 24/10011/2009-10, dated 31.10.2022 for the Assessment Year 2010-11. 2. At the outset, it is noticed that the grievance of the Revenue shows that the tax effect in this appeal is Rs. 54,07,050/-, which is less than the monetary limit prescribed for filing the appeal before the Tribunal. This appeal pertains to a low tax effect case. However, the CBDT, in its Circular No. 09 of 2024 dated 17/09/2024, has recently revised the monetary limit for filing of the departmental appeals before the ITAT to Rs. 60,00,000/-. Hence, the appeal is dismissed, and the C.O. has been dismissed as academic. ITA & C.O. No.- 65/D/23 and 95/D/23 Bhaijee Overseas Ltd. Page 3 of 4 4. In the result, appeal filed by the Revenue is dismissed, and C.O. by assessee is dismissed as academic. Order pronounced in the Open Court on 18.12.2024. Sd/- Sd/- (S. RIFAUR RAHMAN) (MAHAVIR SINGH) ACCOUNTANT MEMBER VICE PRESIDENT Dated: 18 /12/2024. Pooja/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA & C.O. No.- 65/D/23 and 95/D/23 Bhaijee Overseas Ltd. Page 4 of 4 1. Date of dictation of Tribunal order 19.12.2024 2. Date on which the typed draft Tribunal Order is placed before the Dictation Member 19.12.2024 3. Date on which the typed draft Tribunal order is placed before the other Member 4. Date on which the approved draft Tribunal order comes to the Sr. PS/PS 5. Date on which the fair Tribunal order is placed before the Dictating Member for pronouncement 6. Date on which the signed order comes back to the Sr.PS/PS 7. Date on which the final Tribunal order is uploaded by the Sr.PS/PS on official website 8. Date on which the file goes to the Bench Clerk alongwith Tribunal order 9. Date on which the file goes to the Supervisor (Judicial) 10. The date on which the file goes to the Assistant Registrar for endorsement of the order 11. Date of Dispatch of the order "