JCIT OSD, DELHI V. AMSTRONG AGENCIES PVT LTD, DELHI

ITA 1000/DEL/2025

AI Insights

The case involves an appeal by the J.C.I.T., OSD against Armstrong Agencies Pvt Ltd, concerning the assessment year 2017-18. The appeal was directed against the order of the CIT(A)-27, Delhi, dated 27.12.2024. The core issue revolved around the applicability of section 115BBE of the Income-tax Act, 1961, which was influenced by a decision from the Hon'ble Karnataka High Court in the case of S.M.I.L.E. Microfinance Ltd. Vs. ACIT. The Tribunal considered the tax effect of the remaining addition post-application of the cited section and found it below the threshold for filing an appeal as per the CBDT Circular.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 830261 (ITAT-NEW DELHI)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2026
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 21-02-2025
• Other Referred Cases: S.M.I.L.E. Microfinance Ltd. Vs. ACIT
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUSH KALRA
• Assessee Lawyers: VIKRANT A. MAHESHWARI
• Keywords: Tax effect

Judgement Text

"Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘E’ BENCH, NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER, AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 1000/DEL/2025 [A.Y 2017-18] The J.C.I.T., OSD Vs. Armstrong Agencies Pvt Ltd New Delhi D-14, NDSE Part II, New Delhi PAN: AAACA 5592 L (Appellant) (Respondent) Assessee By : Shri Vikrant A. Maheshwari, Adv Department By : Shri Ankush Kalra, Sr. DR Date of Hearing : 12.01.2026 Date of Pronouncement : 16.01.2026 ORDER PER NAVEEN CHANDRA, AM :- This appeal by the Revenue is directed against the order of the ld. CIT(A)-27, Delhi dated 27.12.2024 pertaining to A.Y 2017-18. 2. We have heard the rival submissions and have perused the relevant material on record. At the very outset, we find that after giving effect to the decision of the Hon'ble Karnataka High Court in the case of S.M.I.L.E. Microfinance Ltd. Vs. ACIT, W.P. (MD) No.2078 of 2020 & Printed from counselvise.com ITA No.1000/DEL/2025 [A.Y 2017-18] The J.C.I.T. Vs. Armstrong Agencies Page 2 of 3 1742 of 2020, dated 19.11.2024 (Madras) wherein the provisions of section 115BBE of the Income-tax Act, 1961 [the Act, for short] has been held as being applicable for transactions carried out from 01.04.2017 onwards. Applying the said decision in the case of the assessee, the remaining addition would render the tax effect as below the limit prescribed in the CBDT Circular No. 9/2024 dated 17.09.2024. 3. This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 60 lakhs. 4. In the result, appeal of the Revenue in ITA No. 1000/DEL/2025 is dismissed. Order pronounced in open court on 16.01.2026. Sd/- Sd/- [SATBEER SINGH GODARA] [NAVEEN CHANDRA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 16th JANUARY, 2026. VL/ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) Asst. Registrar, 5. DR ITAT, New Delhi Printed from counselvise.com ITA No.1000/DEL/2025 [A.Y 2017-18] The J.C.I.T. Vs. Armstrong Agencies Page 3 of 3 Sl No. PARTICULARS DATES 1. Date of dictation of Tribunal Order 2. Date on which the typed draft order is placed before the Dictating Member 3. Date on which the typed draft order is placed before the other Member [in case of DB] 4. Date on which the approved draft order comes to the Sr. P.S./P.S. 5. Date on which the fair Order is placed before the Dictating Member for sign 6. Date on which the fair order is placed before the other Member for sign [in case of DB] 7. Date on which the Order comes back to the Sr. P.S./P.S for uploading on ITAT website 8. Date of uploading, inf not, reason for not uploading 9. Date on which the file goes to the Bench Clerk 10. Date on which the file goes for Xerox 11. Date on which the file goes for endorsement 12. The date on which the file goes to the Superintendent for checking 13. Date on which the file goes to the Assistant Registrar for signature on the order 14. Date on which the file goes to the dispatch section for dispatch the Tribunal order 15. Date of Dispatch of the Order 16. Date on which the file goes to the Record Room after dispatch the order Printed from counselvise.com "