ACIT CIRCLE-19(2), NEW DELHI vs. PAYAL POLYPLAST PVT LTD (EARLIER KNOWN AS PAYAL PETROCHEM PVT LTD), NEW DELHI

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ITA 5874/DEL/2019Status: DisposedITAT Delhi16 June 2022AY 2015-162 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 noted that the tax effect was below the monetary limit prescribed by CBDT circulars for filing appeals. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2015-16. The assessee claimed the tax effect was below the threshold limit for appeals as per CBDT circulars. The Revenue's counsel did not dispute this.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect below the prescribed monetary limit as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DLEHI

Before: SHRI ANIL CHATURVEDI & SHRI N.K. CHOUDHRY

For Respondent: Adv. &
Hearing: 16.06.2022

This appeal has been preferred by the Revenue against the order dated 15.03.2019, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-19(2), New Delhi, for the assessment year 2015-16.

2.

At the outset it was claimed by the Assessee and also observed by the bench that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular

[2] No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeal(s) before appellate tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20th August 2019 whereby it is clarified that revised monetary limits so mentioned in the circular 17/2019 is also applicable to all pending SLPs/Appeals/Cross Objections/ References. Hence the instant is liable to be dismissal as withdrawn being not maintainable, however with liberty to the Revenue to approach the Tribunal for recall of order, in case it reveals that the tax effect is more than the prescribed limit or the appeal is protected by any of the exceptions prescribed in para-10 of the Circular No.03/2018 dated 11.07.2018.

3.

Ld. DR did not refute the claim of the Assessee and accepted the factual position.

4.

In the result, the appeal under consideration filed by the Revenue Department stands dismissed as withdrawn.

Order pronounced in the open court on 16/06/2022.

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