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

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).

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.

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.

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.

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

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