DCIT CC 8(2),MUMBAI, MUMBAI V. SKYLINE GREATHILLS, MUMBAI

ITA 4355/MUM/2025

AI Insights

The case involves appeals by the Revenue against the orders passed by CIT(A)-50, Mumbai, concerning the quantum of assessment for the assessment years 2013-14 to 2015-16 & 2017-18 under section 153A of the Income Tax Act. The primary contention was the tax effect on the disputed issues, which was found to be below the threshold of Rs.60 Lacs as prescribed by the CBDT Circular No.09/2024. The Department conceded that the appeals should be withdrawn but requested the option to re-approach the Tribunal if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 784896 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 01-07-2025
• Laws Referred To: CBDT Circular No.09/2024 dated 17th September, 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SWAPNIL CHOUDHARY
• Assessee Lawyers: NARESH JAIN; MAHAVIR
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, ‘G’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.4354/Mum/2025 to 4357/Mum/2025 (Assessment Year :2013-14 to 2015-16 & 2017-18) DCIT CC 8(2), Mumbai Vs. Skyline Greathills Skyline Sparkle Opp. WMI Cranes Subhash Road Bhandup Village Road Bhandup- 400 078 Mumbai PAN/GIR No.ABAFS1107R (Appellant) .. (Respondent) Assessee by Shri Naresh Jain, Mahavir Jain & Shobhit Mishra Revenue by Shri Swapnil Choudhary, Sr. AR Date of Hearing 04/11/2025 Date of Pronouncement 10/11/2025 आदेश / O R D E R PER BENCH: The aforesaid appeals have been filed by the Revenue against order dated 08/04/2025 & 07/04/2025 respectively passed by CIT(A)-50, Mumbai for the quantum of assessment passed u/s.153A for the A.Yrs.2013-14 to 2015-16 & 2017- 18. 2. In the course of hearing, it was noticed that the tax effect on the disputed issue in the impugned assessments years Printed from counselvise.com ITA No.4354/Mum/2025 and others Skyline Greathills 2 filed by the Revenue was Rs.24,31,101/- for A.Y.2017-18; Rs.103,84,620/- for A.Y.2015-16; Rs.93,19,470/- for A.Y.2014-15; and Rs.1,68,73,160/- for A.Y.2013-14 wherein, the tax effect involved in this appeal was 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. We have considered the request of the Ld. DR. As 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 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. Printed from counselvise.com ITA No.4354/Mum/2025 and others Skyline Greathills 3 6. In the result, the appeals filed by the Revenue are dismissed. Order pronounced on 10th November, 2025. Sd/- (GIRISH AGRAWAL) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 10/11/2025 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 "