ADIT, NEW DELHI vs. M/S. EXL SERVICE.COM INC, USA

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ITA 4988/DEL/2014Status: DisposedITAT Delhi29 November 2022AY 2004-052 pages

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Income Tax Appellate Tribunal, DELHI BENCH: ‘D’ NEW DELHI

Before: SHRI G.S. PANNU, HON’BLE & SHRI SAKTIJIT DEY

Hearing: 29.11.2022Pronounced: 29.11.2022

PER SAKTIJIT DEY, JM: The present appeal by the Revenue is directed against order

dated 26.05.2014 passed by the Commissioner of Income-tax

(Appeals)-XXIX, New Delhi, for the assessment year 2004-05.

2.

At the outset, learned Departmental Representative fairly

submitted that the tax effect on the amount disputed by the

Revenue in the present appeal is below the monetary limit of

Rs.50,00,000/-. Hence, appeal is not maintainable.

ITA No.4988/Del/2014 AY: 2004-05

4.

We have considered rival submissions and perused the

materials on record. After perusing the respective orders of the

departmental authorities and the ground raised in the

memorandum of appeal filed in Form No. 36, we find that the tax

effect on the amount disputed by the Revenue in the present

appeal is below the monetary limit of Rs.50,00,000/- fixed in

CBDT Circular no. 17/2019 dated 08.08.2019 for filing an appeal

before the Tribunal. There is nothing on record to suggest that

the appeal of Revenue is protected by any of the exceptions to the

aforesaid circular. Thus, in our view, the present appeal is

covered under CBDT Circular No. 17/2019, dated 08.08.2019.

Accordingly, the appeal is deemed to have been withdrawn,

hence, dismissed.

5.

In the result, the appeal is dismissed.

Order pronounced in the open court on 29th November, 2022

Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 29th November, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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