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Income Tax Appellate Tribunal, [ DELHI BENCH: ‘I’ NEW DELHI ]
Before: SHRI G. S. PANNU & SHRI YOGESH KUMAR U.S.
The present appeal has been preferred by the Revenue– Department and the Cross Objection has been preferred by the assessee against the order dated 27.01.2015 passed by the ld. Commissioner of Income Tax (Appeals)–44, New Delhi, for assessment year 2009-10.
At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in this appeal is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the Revenue’s appeal on account of low tax effect. The Ld. Counsel for the assessee has further submitted that, the assessee hereby withdraws all the grounds urged in Cross Objection and the same may be dismissed for having become infructuous.
Perusal of the aforesaid appeal filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.17/2019 dated 8th August, 2019, wherein 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 Senior 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
AND C.O. No. 434/Del/2015 Aon Services India Pvt. Ltd., ND Circular No.17/2019 dated 8th August, 2019 having retrospective effect as coordinate Bench of the Tribunal in case of Dinesh Madhavlal Patel [TS-469-ITAT-2019(Ahd)] 2019-TIOL-1556-ITAT-AHM dated 14th August, 2019 has already decided the issue as to the applicability of the captioned circular to the pending appeals in affirmative. We are of the considered view that the aforesaid appeal is not maintainable due to low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous. However, in case, the present appeal is 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 view of the dismissal of the Appeal filed by the Revenue. The Cross Objection filed by the assessee is also dismissed for having become infructuous.
In the result, both the appeal in Revenue and the Cross Objection in C.O No. 434/Del/2015 filed by the assessee are dismissed.
Order pronounced in the open court on : 29/06/2022.