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of <h1>Tax Appeal Dismissed: Low Tax Impact Leads to Rejection of Revenue's Challenge Under Circular No. 9/2014</h1> <h3>Deputy Commissioner of Income Tax, Circle-14 (2) Versus Krishna Kirpa Computer Industries P. Ltd., Delhi</h3> ITAT Delhi dismissed Revenue's appeal for AY 2015-16 due to lower tax effect, with total tax demand (Rs. 57,09,181/-) below Rs. 60 lakh threshold per ... Maintainability of appeal on low tax effect - HELD THAT:- Tax effect involved in appeal as per Income Tax Computation Form provided to the assessee along with assessment order is less than Rs. 60 lakhs, appeal of the Revenue is liable to dismissed on account of low tax effect. We hold accordingly. Liberty is granted to the Revenue to revive appeal, in case the addition is made on account of any exception provided in para 3.1 of Circular No. 5/2024 dated 15.03.2024. Assessee made a statement at Bar, that since appeal of the Revenue is dismissed on account of low tax effect, he is not pressing cross objections and is withdrawing the same. Accordingly, the cross objection of the assessee is dismissed as withdrawn. Appeal of the Revenue and cross objection of the assessee are dismissed. Summary:The Income Tax Appellate Tribunal (ITAT) Delhi, comprising Judicial Member Shri Vikas Awasthy and Accountant Member Shri S Rifaur Rahman, dismissed the Revenue's appeal for assessment year 2015-16 due to 'lower tax effect' as per Circular No. 9/2014. The assessee demonstrated that the total tax demand was Rs. 57,09,181/-, below the Rs. 60 lakh monetary threshold for filing an appeal. Although the Revenue cited a higher demand per Form No. 36, they conceded the tax computation showed a demand under Rs. 60 lakhs. The Tribunal held that 'appeal of the Revenue is liable to be dismissed on account of low tax effect.' Liberty was granted to the Revenue to revive the appeal if additions arise under exceptions in para 3.1 of Circular No. 5/2024 dated 15.03.2024. The assessee withdrew their cross objections following dismissal of the Revenue's appeal, leading to dismissal of both appeals.
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