ACIT, CIRCLE- 2, DEHRADUN vs. R.S. SIKAND & SONS (HUF), DEHRADUN

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ITA 4537/DEL/2018Status: DisposedITAT Dehradun25 September 2020AY 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 dismissed the Revenue's appeal as not maintainable. This decision was based on the CBDT's Circular No. 17/2019, which revised the monetary limit for filing departmental appeals to the ITAT to Rs. 50 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2015-16. The assessee contended that the tax effect in the appeal was below Rs. 50 lakhs. The Revenue's counsel agreed with this submission.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the CBDT's revised monetary limits for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN

Before: SHRI G.S. PANNU & SHRI K.N. CHARY

Hearing: 25.09.2020Pronounced: 25.09.2020

This appeal by the Revenue for the assessment year 2015-16 is directed against the order of Learned CIT(A), Dehradun dated 10.04.2018.

2.

Learned Counsel for the assessee has submitted that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs. The CBDT in its Circular No.17/2019 dated 8th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs.

2 ITA-4537/Del/2018

3.

Learned DR agreed that the tax effect in these appeals of the Revenue is below Rs. 50 lakhs.

4.

In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8th August, 2019, as not maintainable. 5. In the result, the appeal of the Revenue is dismissed.

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