DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, JAMSHEDPUR, JAMSHEDPUR V. M/S JYOTI PUNJ EDUCATION & WELFARE SOCIETY, JAMSHEDPUR

ITSSA 24/RAN/2021

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning the assessment year 2015-16. The appeal was based on the tax effect of Rs. 53,83,070, which was below the threshold of Rs. 60,00,000 set by the CBDT Circular No. 09/2024 for filing appeals before the Income Tax Appellate Tribunal. Consequently, the Tribunal dismissed the appeal due to the low tax effect. The assessee's Cross Objection was also dismissed as it became infructuous following the dismissal of the Revenue's appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 28783 (ITAT-RANCHI)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 29-01-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAWAN KUMAR
• Assessee Lawyers: RITESH JHA
• Keywords: Tax effect; TDS

Judgement Text

" आयकर अपीलȣय अͬधकरण, राँची Ûयायपीठ, राँची IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI PARTHA SARATHI CHAUDHURY, JM AND SHRI RATNESH NANDAN SAHAY, AM आयकर अपील सं./IT(ss)A No.24/RAN/2021 (Ǔनधा[रण वष[ / Assessment Year :2015-16) DCIT, Central Circle-1, Jamshedpur. Vs. M/s Jyoti Punj Education & Welfare Society èथायी लेखा सं./जीआइआर सं./PAN/GIR No. :AAATJ3766G (अपीलाथȸ /Appellant) : (Ĥ×यथȸ / Respondent) CO No.05/RAN/2022 (Arising in IT (ss)A No.24/RAN/2021 For A.Y.2015-16) M/s Jyoti Punj Education & Welfare Society Vs. DCIT, Central Circle-1, Jamshedpur. èथायी लेखा सं./जीआइआर सं./PAN/GIR No. :AAATJ3766G (अपीलाथȸ /Appellant) : (Ĥ×यथȸ / Respondent) राजèव कȧ ओर से /Revenue by : Shri Shrawan Kumar, CIT(DR) िनधाŊįरती की ओर से /Assessee by : Shri Ritesh Jha, AR सुनवाई कȧ तारȣख / Date of Hearing : 27/01 /2025 घोषणा कȧ तारȣख/Date of Pronouncement : 29/01/2025 आदेश / O R D E R Per Bench: 1. This above appeal filed by the Revenue emanates from the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (In short ‘the ld. CIT(A)”) dated.16.07.2024 passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for IT(ss)A No.24/Ran/2021& CO No.05/Ran/2022 A.Y.2015-2016 2 Assessment Year 2016-17 as per the grounds of appeal on record. This appeal was heard and disposed off on low tax effect. 2. At the very outset, the ld. DR submitted that the tax effect in this case is Rs.53,83,070/-. As evident from the aforesaid submission the tax effect is below the tax limit for filling appeal before the Tribunal as contemplated by the recent Circular of CBDT No. 09/2024, dated 17.09.2024. 3. That as per the said Circular No. 09/2024, it is mandated that appeal to be filed by the Revenue before the Tribunal has to be of the monetary limit of Rs.60,00,000/- and above. The relevant extract of the aforesaid circular is as follows: “2. As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income-tax cases as stated in para 4.1 of the aforementioned Circular as follows: Sl.no. Appeals/SlPs in Income-tax matters Monetary Limit (Tax effect in Rs.) 1. Before Income Tax Appellate Tribunal 60 Laklh 2. Before High Court 2 Crore 3. Before Supreme Court 5 Crore 3. Monetary limits given in paragraph 2 with regard to filing appeal/ SLP shall be applicable to all cases including those relating to TDS/ TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No. 5/2024 dated 15.03.2024, where the decision to appeal/ file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.” 4. In view of the directives pertaining to the circular which is binding on the Department and after hearing the submissions of the ld. DR, we dismiss this appeal of the Revenue on the ground of low tax effect. However, subsequently if this case is found to be falling within any of the “exceptions” then in such situation the Revenue shall be at liberty to apply for restoration of such appeal as per law before the Tribunal. IT(ss)A No.24/Ran/2021& CO No.05/Ran/2022 A.Y.2015-2016 3 5. As per the above terms, this appeal of the Revenue is dismissed on the ground of low tax effect. 6. The Cross Objection raised by the assessee therefore, becomes infructuous and accordingly dismissed. 7. In the result, the appeal of the Revenue and Cross Objection of the assessee is dismissed. Order pronounced in the open court on 29 /01/2025. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (RATNESH NANDAN SAHAY) ÛयाǓयक सदèय / JUDICIAL MEMBER लेखा सदèय / ACCOUNTANT MEMBER राँची Ranchi; Ǒदनांक Dated 29/01/2025 s.s, Sr.P.S. आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the Order forwarded to : आदेशानुसार/ BY ORDER, (Senior Private Secretary) आयकर अपीलȣय अͬधकरण, राँची / ITAT, Ranchi 1. अपीलाथȸ / The Appellant- . DCIT, Central Circle-1, Jamshedpur. 2. The Respondent. M/s Jyoti Punj Education & Welfare Society. 3. आयकर आयुƅ(अपील) / The CIT(A), 4. आयकर आयुÈत / CIT 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, राँची / DR, ITAT, Ranchi 6. गाड[ फाईल / Guard file. स×याͪपत ĤǓत //True Copy// "