Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Dismisses Revenue Appeal as Education Cess Exclusion Reduced Tax Effect Below ₹60 Lakh

Case Law Details

TaxGuru Citation
2026 taxguru.in 5344
Case Name
ITO Vs Rainbow Diamonds Pvt. Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

ITO Vs Rainbow Diamonds Pvt. Ltd. (ITAT Delhi)

The Income Tax Appellate Tribunal (ITAT), Delhi Bench, dismissed the Revenue’s appeal for Assessment Year 2017-18 on the ground of low tax effect under CBDT Circular No. 09/2024 | Dated: 17th September, 2024  The appeal arose from an order of the Commissioner of Income Tax (Appeals), NFAC, which had deleted an addition of Rs.79.75 lakh made by the Assessing Officer.

Before the Tribunal, the assessee submitted that the actual tax effect in the matter was below the monetary threshold limit of Rs.60 lakh prescribed for filing appeals before the Tribunal. According to the assessee, the Assessing Officer had computed the tax effect at Rs.61.60 lakh by including Education Cess at 3%. It was argued that if Education Cess was excluded, the tax effect would come to Rs.59.81 lakh. The assessee relied on a Hyderabad Tribunal decision, which in turn relied upon the Delhi High Court judgment in Dalmia Cement (Bharat) Ltd. vs. CIT, holding that Education Cess is not part of tax.

The Revenue argued that Education Cess forms part of tax and was correctly included while calculating the tax effect.

After hearing both sides, the Tribunal noted that CBDT Circular No. 09/2024 | Dated: 17th September, 2024 revised the monetary limit for filing appeals before the Tribunal to Rs.60 lakh and clarified that the circular applies to pending appeals as well. The Tribunal held that the present appeal was not maintainable due to low tax effect.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,835

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.