ACIT(OSD) - WARD 24(2), NEW DELHI vs. STAN WHEELS PVT LTD, NEW DELHI

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ITA 2338/DEL/2019Status: DisposedITAT Delhi25 May 2022AY 2013-142 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 due to the low tax effect, as per the CBDT circular. The Revenue was granted liberty to seek remedial measures if the circular was found inapplicable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee contended that the appeal was not maintainable as the disputed amount was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the monetary limit prescribed by CBDT circulars for filing appeals.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G” DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Karan Jeet Singh, Adv, Ms. Pragya Kaushik, Adv, Ms. Prachi Goyal, CA
For Respondent: Shri Abhishek Kumar, Sr.DR

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-XXX, New Delhi dated 14.12.2018 passed under Section 144 of the Income Tax Act, 1961 (the Act).

2.

Before us, ld. counsel for the assessee submitted that the total disputed amount which is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, appeal of the Revenue are not maintainable.

3.

Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also.

Accordingly, the captioned appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs.

4.

The Revenue shall be at liberty to seek remedial measures under Section 254(2) in accordance with law, where it is demonstrated that impugned circular is not applicable to the facts of the case.

5.

In the result, the captioned appeal filed by the Revenue is dismissed. Order was pronounced in the open Court on 25/05/2022.

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