What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal due to the low tax effect, as per CBDT Circular No. 17/2019. The assessee's cross-objection was allowed.

The Revenue filed an appeal against the CIT(A)'s order for AY 2009-10. The assessee filed a cross-objection. The tax effect in the Revenue's appeal was less than Rs. 50 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed based on the tax effect threshold stipulated by CBDT circulars.

ITO vs Jai Chanda Impex Pvt Ltd, New… | ITAT Delhi 2022

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

Before: SH. N. K. BILLAIYA & SH.YOGESH KUMAR US

Hearing: 22/06/2022Pronounced: 22/06/2022

This appeal by the revenue and the cross objection by the assessee is preferred against the order of the CIT(A) -5, New Delhi dated 26.09.2019 pertaining to A.Y. 2009-10.

2. A perusal of the grievance of the revenue show that the tax effect in the impugned deletion of the addition would be less than Rs. 50 lakhs and, therefore, this appeal has to be dismissed in the light of the CBDT Circular No. 17/2019 dated 08.08.2019.

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.

Cross Objection No.25/Del/2020 ( A.Y. 2009-10)

Cross objection of the assessee states that the total tax demand being Rs.4163775/- and, therefore, the appeal of the revenue has to be dismissed.

In the light of the above, the appeal of the revenue is dismissed and cross objection by the assessee is allowed.

The order is pronounced in the open court on 22.06.2022.

ITO WARD - 13(2), NEW DELHI vs. JAI CHANDA IMPEX PVT LTD, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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