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

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ITA 8790/DEL/2019Status: DisposedITAT Delhi05 July 2022AY 2012-133 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 appeals filed by the Revenue were not maintainable due to low tax effect, as per CBDT Circular No. 17/2019. The appeals were accordingly dismissed.

What were the facts?

The Revenue filed four appeals before the ITAT for assessment years 2012-13 to 2015-16. The assessee argued that the tax effect in these appeals was below the CBDT's prescribed limit of Rs. 50 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeals were maintainable before the Tribunal given the low tax effect, as per the prevailing CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “E” : DELHI ]

Before: SHRI CHALLA NAGENDRA PRASADSHRI ANADEE NATH MISSHRA

For Appellant: Shri Kapil Goel
For Respondent: Ms. Rano Mukherjee
Hearing: 05/07/2022

आदेश / O R D E R PER BENCH :

1.

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.

2.

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.

3.

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.

4.

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.

5.

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

I.T.A. Nos. 8790 TO 8793/Del/2019

Order pronounced in the open court on : 05/07/2022.

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