ACIT, CIRCLE-47(1), NEW DELHI vs. PRAVESH KUMAR GARG, NEW DELHI

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ITA 7995/DEL/2018Status: DisposedITAT Delhi08 February 2022AY 2015-163 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 filed by the Revenue was not maintainable due to the tax effect being below the prescribed monetary limit. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT, but the assessee contended that the tax effect was below the monetary limit set by CBDT Circular No. 17/2019 for filing appeals. The Revenue conceded to this fact.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect is below the monetary limit specified by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No.17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : F : NEW DELHI

Before: SHRI R.K. PANDA & SHRI N.K. CHOUDHRY

For Appellant: Shri Ashish Sachdeva, CA &, Shri Ashish Goel, CA
For Respondent: Shri T. Kipgen, CIT, DR
Hearing: 31.01.2022Pronounced: 08.02.2022

ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the assessee is directed against the order dated 24th September, 2018 of the CIT(A)-16, New Delhi, relating to the assessment year 2015-16.

2.

The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

3.

The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019.

4.

After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

5. However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order.

5.

In the result, the appeal filed by the Revenue is dismissed.

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