DCIT, CENTRAL CIRCLE, DEHRADUN vs. KAMYA REALINVEST P.LTD, RISHIKESH

PDF · subscribers
ITA 5099/DEL/2018Status: DisposedITAT Dehradun20 August 2021AY 2013-143 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 due to the low tax effect as per CBDT Circular No. 17/2019. The appeal was dismissed with liberty to the revenue to approach the Tribunal if the tax effect exceeded Rs. 50 lakhs.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A) for AY 2013-14. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal before the Tribunal based on the tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLE

For Appellant: Shri TS. Mapwal, SR. DR
Hearing: 23.08.2021Pronounced: 23.08.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - IV, Kanpur dated 23.05.2018 pertaining to Assessment Year 2013-14.

2.

A perusal of the grievance of the revenue shows 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.

3.

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.

4.

In the result, the appeal filed by the Revenue in is dismissed.

The order is pronounced in the open court on 23.08.2021 in the presence of both the rival representatives.

Recent GST High Court judgments

Search GST case law →