INCOME TAX OFFICER, WARD 1(2), JALGAON, JALGAON V. YOUSUF ABDUL SATTAR POCHI, JOSHI PETH

ITA 2126/PUN/2024

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-1(2), Jalgaon against Yousuf Abdul Sattar Pochi concerning an assessment order for the year 2017-18. The appeal was directed against the order of the National Faceless Appeal Centre, Delhi, which had deleted an addition of Rs. 12.82 lakh made by the Assessing Officer (AO) as unexplained investment under section 69A of the Income-tax Act, 1961. The Revenue's appeal was dismissed due to the monetary limit set by the CBDT Circular No. 09 of 2024, which restricts appeals to those involving a tax effect exceeding Rs. 60 lakhs.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24779 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY K. DHIVARE
• Assessee Lawyers: VINAY KAWDIA
• Keywords: Unexplained investment; Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.2126/PUN/2024 Assessment Year : 2017-18 ITO, Ward-1(2), Jalgaon V/s Yousuf Abdul Sattar Pochi, Joshi Peth, Jalgaon – 425 001 PAN : AAZPM5264F Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal pertaining to Assessment Year 2017- 18 at the instance of Revenue is directed against the order dated 14.08.2024 passed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) which in turn is arising out of Assessment Order dated 03.04.2023 passed u/s.147 r.w.s.144B of the Act. 2. At the outset, I find the Revenue has filed the instant appeal against the order of ld. CIT(A) deleting the addition of Rs.12.82 lakh made by the AO as unexplained investment u/s.69A of the Act. The Ld. Departmental Representative (DR) could not controvert the fact that addition made by the AO is Rs 12.82 lakh and the disputed tax reported as per Form 36 is Rs.10,14,491/- which is less than Rs.60.00 lakh. Assessee by : Shri Vinay Kawdia (Through Virtual) Revenue by : Shri Sanjay K. Dhivare Date of hearing : 06.02.2025 Date of pronouncement : 06. 02.2025 ITA No.2126/PUN/2024 Yousuf Absul Sattar Pochi 3. The CBDT vide Circular No.09 of 2024 dated 17.09.2024 has increased the monetary limit for filing the appeal by the Revenue before the ITAT to Rs. 60 Lakhs. In the said circular, it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 60.00 lakh appeals should not be filed. Thus, taking note of CBDT Circular No. 09 of 2024 dated 17.09.2024 and considering the fact that the tax effect in the instant appeal is less than Rs. 60.00 lakh, the present appeal deserves to be dismissed as withdrawn / not maintainable. However, I make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so advised. Accordingly, in the light of CBDT circular No. 09 of 2024 dated 17.09.2024, this appeal stands dismissed. 4. In the result, the appeal of the Revenue is dismissed. Order pronounced on this 06th day of February, 2025. - Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे/Pune; \u0001दनांक / Dated : 06th February, 2025 Satish ITA No.2126/PUN/2024 Yousuf Absul Sattar Pochi आदेश क\u0002 \u0003ितिलिप अ\tेिषत / Copy of the Order forwarded to : 1. अपीलाथ\f / The Appellant. 2. \r\u000eयथ\f / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय \rितिनिध, आयकर अपीलीय अिधकरण, “(SMC)” ब\u0014च, पुणे/ DR, ITAT, “(SMC)” Bench, Pune. 5. गाड\u0018 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune "