ACIT, CC- 2, NEW DELHI vs. MANISH PERIWAL, KOLKATA

At the outset, the ld. DR submitted that the appeals have been covered by the Circular No. 17/2019 dated 08/08/2019, the CBDT issued in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any ITA Nos.5544, 5545, 5546, 5548 & 6071 to 6075/Del/2016 Manish Periwal interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable.

In the result, all the appeals of the Revenue are dismissed. Order Pronounced in the Open Court on 20/04/2022.