ACIT CENTRAL CIRCLE-13, NEW DELHI vs. MYSORE FINLEASE PVT LTD., NEW DELHI

These four appeals are filed by the Revenue for assessment years 2012-13, 2013-14, 2014-15 and 2015-16 against the common order of the I.T.A. Nos. 8790 TO 8793/Del/2019 ld. Commissioner of Income Tax (Appeals)-23, New Delhi [hereinafter referred to CIT (Appeals)] dated 31.08.2019.

At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in all these appeals is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the Revenue’s appeals on account of low tax effect.

Perusal of the aforesaid appeals filed by the Revenue apparently show that the same are having low tax effect as per CBDT Circular No.17/2019 dated 8th August, 2019 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the learned Departmental Representative.

We have heard both the parties and perused the material on record. Perusal of CBDT Circular (supra) shows that monetary limit for filing the appeal by the Department before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised. In view of the CBDT Circular No.17/2019 dated 8th August, 2019 we are of the considered view that the aforesaid appeals are not maintainable because of low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeals filed by the Revenue are hereby dismissed. However, in case, the present appeals are found to be maintainable at any stage for any technical reasons, the Department shall be at liberty to seek recall of this order under relevant provisions of law.

In the result, all the appeals filed by the Revenue, are dismissed.