ACIT, CIRCLE- 15(1), NEW DELHI vs. LEON REALTORS PVT. LTD., NEW DELHI
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Income Tax Appellate Tribunal, DELHI BENCH “E” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI ANADEE NATH MISSHRA
आदेश /O R D E R PER C.N. PRASAD, J.M.
This appeal by Revenue has been directed against the order of Ld. CIT(Appeals)-5, Delhi dated 22.02.2018 for AY 2014-15.
The Ld. Counsel for Assessee submits that the Revenue effect in this appeal is less than Rs.50 lakhs. Referring to the grounds of appeal of the Revenue and the assessment order it is submitted that the disputed addition is only Rs.41,20,845/- on which the tax effect is less than Rs.50 lakhs. 1
I.T.A.No. 3266/Del/2018/A.Y.2014-15
We have heard Ld. Representatives of both the parties.
Admittedly, the tax effect in the Departmental appeal is less than Rs.50
lakhs. Vide Circular No. 3/18 dated 11.07.2018 issued by CBDT u/s 268A
of the I.T. Act, it has been directed that the Department shall not file
appeal before the Tribunal in case where the tax effect does not exceed
the monetary limit of Rs. 20 lakhs. It is also directed that this Instruction
will apply retrospectively to pending appeals and appeals to be filed
henceforth in the Tribunal. Pending appeals below this specified tax
effect may be withdrawn/not pressed. The aforesaid circular has been
amended by issuing further Circular No. 17/2019, whereby the monetary
limit for filing Income-tax appeals before the Tribunal has been enhanced
to Rs. 50 lakhs. Ld. DR in view of the above Board Circular did not press
the Departmental appeal. In the result, the Departmental appeal is not
maintainable as the appeal is filed against the Board Instruction referred
to above and, therefore, the appeal of the Department is liable to be
dismissed.
However, in the event of the Revenue finding that the tax effect in
this appeal is more than Rs.50 lakhs or covered under any exceptions
under CBDT Circular the Revenue is at liberty to file miscellaneous
application for recall of this order.
I.T.A.No. 3266/Del/2018/A.Y.2014-15
In the result, the Departmental appeal is dismissed.
Order pronounced in the open court on 28.02.2023
Sd/- Sd/- (ANADEE NATH MISSHRA) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28.02.2023 *Kavita Arora, Sr. P.S. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order
Assistant Registrar, ITAT: Delhi Benches-Delhi
