RAM SINGH, NEW DELHI vs. ACIT, CIRCLE- 28(1), NEW DELHI

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ITA 4897/DEL/2018Status: DisposedITAT Delhi30 January 2023AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as not maintainable because the tax effect was below the monetary limit prescribed by CBDT Circular No. 17/2019. The Revenue can seek recall if the tax effect is later found to be higher or falls under an exception.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2012-13. The assessee argued that the tax effect was below the monetary limit for appeals to the ITAT.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI NARENDER KUMAR CHOUDHRY & Dr. B.R.R. KUMAR

Hearing: 19.01.2023Pronounced: 30.01.2023

O R D E R PER N.K.CHOUDHRY, JM:

The Revenue/Department has preferred the instant appeal against the order dated 25.04.2018, passed by the Ld. Commissioner of Income tax (Appeals)-31, New Delhi, (in short “Ld. Commissioner”) u/s 250 of the Income Tax Act, 1961 (in short “the Act”), pertaining to the assessment year 2012-13.

2.

At the outset, learned counsel for the assessee submitted that the tax effect involved in the appeal of the Revenue is below Rs. 50 lakhs. In support of his contention the learned counsel has also filed working of monetary limits as reproduced below:

Amount Tax Cess Surcharge Total 20% 3% (2+1) Tax on exemption u/s 54F LTCG 21210000 4242000 127260 0 4369260 Allowed by CIT(A) Alternative total Addition of long term Capital gains 2,13,49,476 4269990 128097 0 4398087 4269990 128097 NIL 4398087 Monetary limits 5000000 As per circular no 17/2019 dated 08/08/2019 Appeal below monetary limits “

3.

Learned counsel submitted that the tax effect involved in the grounds raised by the Revenue being less than Rs. 50,00,000/-, the appeal of the Revenue is not maintainable in view of the CBDT Circular No. 17/2019 dated 8th August, 2019, revising the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs.

4.

The learned Sr. DR could not dispute the aforesaid factual position that the tax effect involved in the instant appeal is less than Rs. 50 lakhs.

5.

In view of the above factual position, the tax effect involved in the appeal being less than Rs. 50 lakhs, we deem it proper to dismiss the appeal of the Revenue in the light of the CBDT Circular No. 17/2019 dated 8th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law.

6.

In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed.

Order pronounced in open court on 30.01.2023.

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