RAM SINGH, NEW DELHI vs. ACIT, CIRCLE- 28(1), NEW DELHI
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Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI
Before: SHRI NARENDER KUMAR CHOUDHRY & Dr. B.R.R. KUMAR
1 ITA no. 4897/Del/2018
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI
BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND Dr. B.R.R. KUMAR, ACCOUNTANT MEMBER
ITA No. 4897/Del/2018 [Assessment Year: 2012-13]
ACIT, Circle 28(1), Vs Ram Singh, New Delhi. 495, Main Market, Badarpur, New Delhi.
PAN:AATPS6333H
APPELLANT RESPONDENT
Assessee represented by: Sh. Anil Jain, CA Department represented by: Sh. S.L. Verma, Sr. DR Date of hearing 19.01.2023 Date of pronouncement 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 ITA no. 4897/Del/2018
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 “
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.
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.
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
3 ITA no. 4897/Del/2018
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.
In the result, in view of the aforesaid discussion, the Revenue’s appeal
stands dismissed.
Order pronounced in open court on 30.01.2023.
Sd/- Sd/- (Dr. B.R.R. KUMAR) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER
*MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
