ACIT CIRCLE-26(2), NEW DELHI vs. VIHAAN NETWORKS PVT LTD, NEW DELHI

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ITA 4065/DEL/2019Status: HeardITAT Delhi23 November 2022AY 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 noted that the tax effect of the appeal was less than Rs. 50 lakhs, making it not maintainable as per CBDT Circular No. 17/2019. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The Respondent company is Vihaan Pvt Ltd. for 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 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 ‘F’, NEW DELHI

Before: SH. C.N. PRASAD

Hearing: 23/11/2022Pronounced: 23/11/2022

PER PRADIP KUMAR KEDIA AM:

1.

This appeal filed by the revenue is preferred against the order of the CIT(A)-9, New Delhi dated 18.02.2019 for A.Y. 2012-13.

2.

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.

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 is dismissed. The order is pronounced in the open court on 23.11.2022.

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