ITO WARD - 1, SONIPAT vs. BRIJ PAL TYAGI, SONIPAT

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ITA 1151/DEL/2020Status: DisposedITAT Delhi02 November 2022AY 2011-122 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 as per CBDT Circular No. 17/2019 due to the low tax effect. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for Assessment Year 2011-12. The tax effect of the appeal was less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal before the ITAT based on the tax effect threshold stipulated in CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. C.M. GARG

Hearing: 02/11/2022Pronounced: 02/11/2022

Appellant by Sh. Kanav Bali, Sr. DR Respondent by Sh. Brij Pal Tyagi, Assessee in person Date of hearing: 02/11/2022 Date of Pronouncement: 02/11/2022 ORDER

PER PRADIP KUMAR KEDIA AM:

1.

This appeal filed by the revenue is preferred against the order of the CIT(A), Rohtak dated 13.01.2020 for A.Y. 2011-12.

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 02.11.2022.

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