What did the Tribunal hold?

The Tribunal noted that the tax effect of the appeal was less than Rs. 50 lakhs. Therefore, as per CBDT Circular No. 17/2019, the appeal was not maintainable.

The Revenue filed an appeal against the CIT(A)'s order for AY 2014-15. The appeal concerned the deletion of Rs. 19,26,676 and restriction of deletion of Rs. 78,50,227 to Rs. 1,88,853.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit.

ACIT vs Ramesh Chand Goel, New Delhi | ITAT Delhi 2022

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

Before: SH. N. K. BILLAIYA & SH. K.N. CHARY

Hearing: 07/02/2022Pronounced: 07/02/2022

PER N. K. BILLAIYA, AM:

This appeal filed by the revenue is preferred against the order of the CIT(A)-28, New Delhi dated 06.07.2018 for A.Y. 2014-15.

The substantive grievance of the revenue is two fold firstly the revenue is aggrieved by the deletion of Rs.19,26,676/- and secondly the revenue is aggrieved by restricting the deletion of Rs. 78,50,227/- on account of kitchen income and restricting it to Rs.1,88,853/-.

The grievance of the revenue show that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019.

This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs.

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

The order is pronounced in the open court on 07.02.2022 in the presence of both the rival representatives.

ACIT, CIRCLE-63(1), NEW DELHI vs. RAMESH CHAND GOEL, NEW DELHI

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