Dy. Commissioner of Income Tax vs. Uma Vinimay Private Limited

Parties Involved

Facts Summary

The case involves an appeal by the Dy. Commissioner of Income Tax against an order of the Commissioner of Income-tax (Appeals) dated 03.02.2024, arising from an assessment order under Section 153 read with section 143(3) of the Income-tax Act, 1961 dated 04.07.2024. The assessee, Uma Vinimay Private Limited, argued that the appeal should be dismissed due to the low tax effect as per the CBDT Circular No. 5/2024 dated 15th March, 2024. The Dy. Commissioner could not controvert the contention laid down by the assessee. The Tribunal observed that the tax effect by virtue of relief given by the first appellate authority was less than Rs.60,00,000/- and as per CBDT Instruction No. 9 of 2024 issued on 17th September, 2024, the order could not be challenged if it did not fall within the exceptions provided in the Instruction.…

Legal Issues

• 1. Whether the appeal should be dismissed due to low tax effect as per CBDT Circular No. 5/2024 and Instruction No. 9 of 2024?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

Similar Judgements

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