DEPUTY COMMISSIONER OF INCOME TAX, DELHI V. KMG AGRO FOODS PVT LTD, DELHI

ITA 3850/DEL/2024

AI Insights

The case involves an appeal by the Revenue against M/s KMG Agro Foods Pvt. Ltd. concerning an assessment year. The appeal was based on a tax effect of \'55,61,613/-. However, following the CBDT Circular No.09/2024, which revised the monetary limit for filing appeals to \'60 lakhs, the Tribunal found the appeal to be not maintainable and dismissed it accordingly. The hearing took place on 3rd December 2024, where the decision was pronounced in open court.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 46265 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-12-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 23-08-2024
• Laws Referred To: CBDT Circular No.09/2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: OM PARKASH; SENIOR
• Keywords: Tax effect

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH- - - -C C C C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE BEFORE BEFORE BEFORE SHRI MAHAVIR SINGH SHRI MAHAVIR SINGH SHRI MAHAVIR SINGH SHRI MAHAVIR SINGH, , , , VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SHRI NAVEEN CHANDRA SHRI NAVEEN CHANDRA SHRI NAVEEN CHANDRA SHRI NAVEEN CHANDRA, , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA No ITA No ITA No ITA No.3850 .3850 .3850 .3850/Del/2 /Del/2 /Del/2 /Del/20 0 0 02 2 2 24 4 4 4 Assessment Y Assessment Y Assessment Y Assessment Year : 20 ear : 20 ear : 20 ear : 201 1 1 18 8 8 8- - - -19 19 19 19 Deputy Commissioner of Deputy Commissioner of Deputy Commissioner of Deputy Commissioner of Income Tax, Income Tax, Income Tax, Income Tax, Delhi. Delhi. Delhi. Delhi. Vs. Vs. Vs. Vs. M/s KMG M/s KMG M/s KMG M/s KMG Agro Foods Pvt.Ltd., Agro Foods Pvt.Ltd., Agro Foods Pvt.Ltd., Agro Foods Pvt.Ltd., C C C C- - - -2/4, Ashok Vihar, 2/4, Ashok Vihar, 2/4, Ashok Vihar, 2/4, Ashok Vihar, Phase Phase Phase Phase- - - -2, 2, 2, 2, New Delhi New Delhi New Delhi New Delhi – – – – 110 052. 110 052. 110 052. 110 052. PAN : AABCS2607P. PAN : AABCS2607P. PAN : AABCS2607P. PAN : AABCS2607P. (Appellant) (Respondent) Appellant by : None. Respondent by : Shri Om Parkash, Senior DR. Date of hearing : 03 03 03 03.1 .1 .1 .12 2 2 2.2024 .2024 .2024 .2024 Date of pronouncement : 03.12 03.12 03.12 03.12. . . .2024 2024 2024 2024 ORDER ORDER ORDER ORDER Per Bench Per Bench Per Bench Per Bench : : : : This appeal by the Revenue is arising out of the order of learned CIT(A), Delhi dated 25th June, 2024. 2. It is observed that the tax effect in this appeal of the Revenue is `55,61,613/-. The CBDT, vide Circular No.09/2024 dated 17th September, 2024 has revised the monetary limit for filing the appeals before the Tribunal to `60 lakhs. In these circumstances, the present appeal filed by the Revenue is not maintainable in view of the above Circular of CBDT, and is accordingly dismissed. 3. In the result, the appeal of the Revenue is dismissed. Above decision was pronounced in the open Court on conclusion of hearing on 3rd December, 2024. Sd/- Sd/- ( ( ( (NAVEEN CHANDRA NAVEEN CHANDRA NAVEEN CHANDRA NAVEEN CHANDRA) ) ) ) (MAHAVIR SINGH (MAHAVIR SINGH (MAHAVIR SINGH (MAHAVIR SINGH) ) ) ) ACCOUNTANT MEMBE ACCOUNTANT MEMBE ACCOUNTANT MEMBE ACCOUNTANT MEMBER R R R VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. ITA No.3850/Del/2024 2 Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar "