What did the Tribunal hold?

The Tribunal held that in view of CBDT Circular No. 17/2019, which raised the monetary limit for Revenue appeals to Rs. 50 lakhs and is applicable to pending appeals, the Revenue's appeal was not maintainable.

The Revenue filed an appeal before the ITAT, but the tax effect involved was below Rs. 50 lakhs. The assessee also filed a Cross Objection which was not pressed.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect in light of CBDT circulars.

ITO vs M/S. Accord Overseas Pvt. Ltd. | ITAT Delhi 2023

Income Tax Appellate Tribunal, DELHI BENCH : A : NEW DELHI

Before: SHRI C.M. GARG & DR. B.R.R. KUMAR

For Appellant: Shri Anil Jain, CA

For Respondent: Shri Kanav Bali, Sr. DR

Hearing: 08.02.2023Pronounced: 15.02.2023

Heard together (2 matters)

CO No.84/Del/2022

ITA No.5207/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2006-07 ITO, Vs. Accord Overseas Pvt. Ltd., Ward-1(3), C-18/2, Wazirpur Indl. Area, New Delhi. Delhi -110 052. PAN: AABCA8860G CO No.84/Del/2022 (ITA No.5207/Del/2015) Assessment Year: 2006-07 Accord Overseas Pvt. Ltd., Vs. ITO, C-18/2, Wazirpur Indl. Area, Ward-1(3), Delhi -110 052. New Delhi. PAN: AABCA8860G (Appellant) (Respondent) Assessee by : Shri Anil Jain, CA Revenue by : Shri Kanav Bali, Sr. DR Date of Hearing : 08.02.2023 Date of Pronouncement : 15.02.2023 ORDER

PER C.M. GARG, JUDICIAL MEMBER:

This appeal filed by the Revenue and the CO filed by the assessee are directed against the order dated 11.06.2015 of the CIT(A)-1, New Delhi, relating to Assessment Year 2006-07.

CO No.84/Del/2022 2. The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019.

After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order.

CO No.84/Del/2022 CO No.84/Del/2022

At the time of hearing, the ld. Counsel did not press the Cross Objection filed by the assessee. Hence, the same is dismissed as ‘not pressed.’

In the result, both the appeal filed by the Revenue as well as the CO filed by the assessee are dismissed.

ITO, NEW DELHI vs. M/S. ACCORD OVERSEAS PVT. LTD., DELHI

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