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Judgment
PER NAVEEN CHANDRA, ACCOUNTANT MEMBER:-
These two appeals by the Revenue are preferred against the order of the Commissioner of Income Tax (Appeals) – Addl/JCIT(2)-2, Coimbatore dated 07.10.2025 arising out of the rectification order dated 24.06.2022 passed by ITO, Ward-1, Karnal (Haryana) Delhi under section 154 of the Income Tax Act, 1961 (hereinafter referred as “the Act”) and pertaining to Assessment Years 2016-17 & 2018-19, respectively.
Since the above captioned appeals were heard together and the grounds and facts in issues are identical, both the appeals are being disposed of by this common order for the sake of convenience and brevity.
The grounds of appeal of the assessee are as under :
1.“Whether on the facts and in the circumstances of the case, the Ld. Addl. CIT(A) was right in law in allowing the claim of exemption for the interest received on enhanced compensation received under the Land Acquisition Act whereas the assessee had not claimed the said exemption in his ITR."
2.Whether the Ld. Addl. CIT(A) is right in law in allowing the appeal of the assessee in view of the amended provisions of sections 56(2)(viii), 57(iv), 145A and 145B of the Act ?
3.Whether the Ld. Addl. CIT(A) is right in not following the judgement of Hon'ble Punjab and Haryana High Court in the case of Mahender Pal Narang Vs. CBDT, [2020] 423ITR 13(P&H), which has attained finality after dismissal of SLP by the Hon'ble Apex Court?”
We have heard the rival submissions and have perused the relevant material on record. At the very outset, we find that the tax effect for both the AY 2016-17 and AY 2018-19 are Rs 6,14,644/- and Rs 10,18,512/-respectively. The tax effect for both the AYs are therefore below the prescribed limit as prescribed in the CBDT Circular No. 9/2024 dated 17.09.2024. Further we are not appraised of any facts that these appeals fall under any exception clause of the said Circular. These appeals are 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.
In the result, both the appeals of the Revenue in ITA Nos. 8559 & 8560/DEL/2025 are dismissed.