JCIT(IN-SITU), CENTRAL CIRCLE-2, PATNA, PATNA V. RAKESH KUMAR, BIHTA

ITA 189/PAT/2025

AI Insights

The case involves an appeal by the JCIT, Central Circle, Patna against Rakesh Kumar concerning the assessment year 2021-22. The appeal was directed against the order of the CIT(A), NFAC dated 30.01.2025, which involved a deletion of Rs.65,00,000 from the assessed income. The appellant argued that the tax effect from this deletion, amounting to Rs.55,56,720, was significant enough to warrant an appeal. However, during the proceedings, it was acknowledged by both parties that the tax effect was below the monetary limit set by the CBDT circular, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 781354 (ITAT-PATNA)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2021-2022
• Appeal Filed On: 15-04-2025
• Laws Referred To: Circular No.9/2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. No.189/Pat/2025 Assessment Year: 2021-22 JCIT, Central Circle, Patna ……………..………. …………………....Appellant vs. Rakesh Kumar……........…..……………..………………….…..... Respondent Village- Amhara, PO Bihta, Patna, Pin-801118. Bihar.. [PAN: AIRPK7698D] Appearances by: Shri Ashish Kr. Agarwal, FCA appeared on behalf of the appellant. Md. Shadab Ahmed, CIT-DR , appeared on behalf of the Respondent. Date of concluding the hearing : October 14, 2025 Date of pronouncing the order : October 22, 2025 आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal filed by the revenue is directed against the order dated 30.01.2025 of the learned CIT(A), NFAC relating to the assessment year 2021–22. 2. At the time of hearing, the ld. AR stated that the instant appeal filed by the revenue needs to be dismissed since the tax effect involved in the appeal is below the monetary limit as per Circular No.9/2024 dated 17.09.2024 issued by CBDT. He has submitted the total tax effect on the deletion of Rs.65,00,000/- assailed in the present appeal is as under: Particular Amount Deletion by CIT(A) 65,00,000/- Tax @ 60% u/s 115BBE 39,00,000 Printed from counselvise.com I.T.A. No.189/Pat/2025 Rakesh Kumar 2 Surcharge @ 37% on income exceeding Rs.5 crores (in the present case the income originally assessed is Rs.5.46 crores and on reduction of relief allowed amounting to Rs.65,00,000/-, it comes to Rs.4.81 crores) 14,43,000/- Total: 53,43,000/- Add: 4% on account of Health and Education Cess on Rs.53,43,000/- 2,13,720/- Total tax effect: 55,56,720/- 3. On the above prayer of the ld. AR, the ld. DR did not object and stated that on due verification of the records, the tax effect involved in the instant appeal is Rs.55,56,720/- which below the monetary limit as prescribed by CBDT circular dated 17.09.24. 4. We, after considering the submissions of the parties and perusing the materials available on record, find that the instant appeal is below the monetary limit as prescribed by CBDT circular dated 17.09.24 and accordingly, the instant appeal is dismissed as tax effect is below the prescribed limit. However, we make it clear that at any stage, the case falls in any of the exceptions provided in the aforesaid circular or the tax effect exceeds monetary limit due to any factual error, in that event, the department shall be at liberty to move an appropriate application for recalling of the order. 5. In terms of the above, the appeal of the revenue is dismissed as low tax effect. Kolkata, the 22nd October, 2025. Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 22.10.2025. RS Printed from counselvise.com I.T.A. No.189/Pat/2025 Rakesh Kumar 3 Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3.CIT (A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches Printed from counselvise.com "