DCIT, INTERNATIONAL TAXATION, CIRCLE- 2, DEHRADUN vs. SMITH INTERNATIONAL INC, DEHRADUN

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ITA 6177/DEL/2017Status: DisposedITAT Dehradun09 November 2021AY 2012-132 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 is not maintainable as the tax effect is less than the monetary limit prescribed by the CBDT circular. The Revenue could not provide any exceptions to this rule.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee is Smith International Inc. The appeal pertains to the assessment year 2012-13.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit of tax effect stipulated by CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 09.11.2021Pronounced: 09.11.2021

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-2, Noida dated 26.07.2017.

2.

According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

2 Smith International Inc. 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

4.

In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 09/11/2021.

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