DCIT (INTERNATIONAL TAXATION), NEW DELHI vs. M/S. SUPER BRANDS LTD. (U.K.), GURGAON

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ITA 2125/DEL/2017Status: DisposedITAT Delhi15 November 2022AY 2007-082 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 was below the monetary limit specified by CBDT circulars for filing appeals. The Revenue Department did not dispute this fact.

What were the facts?

The Revenue Department filed an appeal before the ITAT against an order of the CIT(A) for AY 2007-08. The assessee contended that the tax effect was below the threshold limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Maintainability of the appeal due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

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

Before: SHRI ANIL CHATURVEDI & SHRI N.K. CHOUDHRY

For Appellant: Shri Sanjay Kumar, Ld. Sr. DR
For Respondent: Shri Bhimanshu Kansal &, Shri Tushar Gupta, Ld. CA
Hearing: 15.11.2022

This appeal has been preferred by the Revenue Department against the order dated 31.01.2017, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-43, New Delhi (in short “Ld. Commissioner”), u/s. 250 of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2007-08.

2.

At the outset it was observed by the bench and also claimed by the Assessee that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals before Appellate Tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20th August 2019, whereby it was clarified that revised monetary limits so mentioned in the circular 17/2019 will also be applicable to all pending SLPs/Appeals / Cross Objections/ References. Hence the instant appeal deserves dismissal being not maintainable.

3.

Ld. Sr. DR did not refute the claim of the Assessee and accepted the factual position.

4.

In the result, the appeal under consideration filed by the Revenue Department stands dismissed.

Order pronounced in the open court on 15/11/2022

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