INCOME TAX OFFICER, WARD-1(1), RANCHI, BESIDE RANCHI CLUB, RANCHI V. SHRI GANPATI HOMES PRIVATE LIMITED , KUTCHERY, RANCHI

ITA 242/RAN/2023

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-1(1), Ranchi against Shri Ganpati Homes Private Limited concerning the assessment year 2015-16. The appeal was directed against the order of the CIT(A), NFAC, Delhi, which quashed the assessment on the grounds of reopening but did not provide any relief on the merits of the case. The revenue's appeal was represented by Shri Khubchand T. Pandya, Sr.DR, while the assessee was not represented. The core issue was whether the appeal should proceed given that the tax effect was below the monetary threshold set by the CBDT.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780295 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 24-11-2023
• Laws Referred To: CBDT Circular No.9 /2024 dated 17.9.2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 242/Ran/2023 (Assessment Year-2015-16) I.T.O., Ward-1(1), Ranchi. Vs. Shri Ganpati Homes Private Limited, 102, 1st Floor, HP Chamber Beside Gopal Complex by Late, Kutchery Road, Ranchi-834001 (Jharkhand) PAN No. AAKCS 7283 G Appellant/ Revenue Respondent/ Assessee Assessee represented by None Department represented by Shri Khub Chand Pandya, Sr.DR Date of hearing 08/10/2025 Date of pronouncement 08/10/2025 O R D E R PER: BENCH 1. This is an appeal filed by the revenue against the order of the ld. CIT(A), NFAC, Delhi in Appeal No. NFAC/2014-15/10126987 dated 18/09/2023 for the A.Y. 2015-16. 2. None represented on behalf of the assessee and Shri Khubchand T. Pandya, ld. Sr.DR represented on behalf of the revenue. 3. At the very outset, ld AR submitted that in this appeal the disputed tax effect is below the threshold limited prescribed by CBDT in its Circular No.9 /2024 dated 17.9.2024, as per which, the revenue could not have filed appeal where the tax effect is below Rs.60,00,00/-. Hence, it was his prayer that the appeal of the revenue is not maintainable. Printed from counselvise.com ITA No. 242/Ran/2023 ITO Vs Shri Ganpati Homes P ltd. 2 4. Ld Sr. DR accepted that the tax effect involved in this appeal is below the threshold limit prescribed by the CBDT vide the above circular. 5. We have considered the rival submissions. The ld. CIT(A) has quashed the assessment on the ground of reopening, there is no relief granted to the assessee in respect of merits. As there is no merits adjudicated by the ld. CIT(A) and the relief has been granted to the assessee on the basis of quashing of the reopening, we are of the view that this appeal of the revenue is hit by tax effect and exception clause would not come into play. A perusal of the assessment order as well as order of ld CIT(A) shows that the tax effect in this appeal is below the monetary limit fixed by CBDT of Rs.60,00,000/- for filing of appeal by the revenue before the ITAT. As the tax effect is below Rs.60,00,000/-, we are of the view that the appeal filed by the revenue is not maintainable and consequently, same stands dismissed. 6. In the result, appeal of the revenue stands dismissed. Order announced in open court on 08/10/2025. Sd/- Sd/- (RATNESH NANDAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated: 08/10/2025 *Ranjan Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi Printed from counselvise.com "