ACIT, CENTRAL CIRCLE 26, DELHI vs. KCJ BUILDTECH PVT. LTD., DELHI

ITA 195/DEL/2022Status: DisposedITAT Delhi19 January 2023AY 2017-182 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as per CBDT Circular No. 17/2019 due to the low tax effect. The appeal was accordingly dismissed.

What were the facts?

The revenue filed an appeal against the CIT(A) order for AY 2017-18. The tax effect of the appeal was stated to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the revenue's appeal based on the tax effect threshold stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: SH. C.M GARG

For Respondent: Ms. Shilpi Jain, CA

Hearing: 19/01/2023Pronounced: 19/01/2023

Appellant by Mohd. Gayasuddin Ansari, CIT (DR) Respondent by Ms. Shilpi Jain, CA Date of hearing: 19/01/2023 Date of Pronouncement: 19/01/2023 ORDER

PER PRADIP KUMAR KEDIA AM:

This appeal filed by the revenue is preferred against the order of the CIT(A)-29, New Delhi dated 23.11.2021 for A.Y. 2017- 18.

The grievance of the revenue show that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019.

This appeal is, 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. 50 lakhs.

In the result, the appeal filed by the revenue is dismissed. The order is pronounced in the open court on 19.01.2023.

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