ACIT, CIRCLE- 49(1), NEW DELHI vs. SURINDER KATYAL, NEW DELHI

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ITA 6646/DEL/2017Status: DisposedITAT Delhi02 December 2021AY 2014-154 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 low tax effect, as per CBDT circulars. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which restricted an addition. The tax effect involved in the appeal was below the threshold limit set by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the CBDT prescribed monetary limit for appeals before the ITAT.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’: NEW DELHI

Before: SMT. DIVA SINGH & SHRI N.K. BILLAIYA

For Respondent: Shri Umesh Takyar, Sr. DR
Hearing: 29.11.2021Pronounced: 02.12.2021

Date of Hearing 29.11.2021 Date of Pronouncement 02.12.2021 Hearing conducted via Webex ORDER PER DIVA SINGH, J.M.

The present appeal has been filed by the Revenue, wherein the correctness of the order dated 21.08.2017 of CIT(A)-17, New Delhi pertaining to 2014-15 assessment year is assailed on the following grounds:

1. “The Ld. CIT(A) has erred in restricting the addition amounting to Rs. 82,97,492/- i.e. 40% of the unaccounted turnover of Rs. 2,07,43,729/- (business receipts u/s 194C reflected in 26AS).

2.

The appellant craves leave to add, alter or amend any/all the grounds of appeal

before or during the course of hearing of appeal.”

2. At the time of hearing, none was present on behalf of the assessee.

Ld. Sr. DR Shri Umesh Takyar submitted that the tax effect involved is much below the limit of Rs. 50 lacs fixed by the CBDT in the filing of the Revenue before ITAT. Drawing attention to the addition deleted by the CIT(A) which is challenged in the present proceedings he submitted that in view of the CBDT Circulars, the Department is not permitted to press the appeals as the tax effect involved is much below the limits of 50 lacs the appeal fixed may be treated as withdrawn. Attention was drawn to the CBDT Circular No. 17/2019 dated 08.08.2019 read with earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, wherein the minimum threshold limit of tax effect for filing of appeals by the Revenue in Income Tax Appellate Tribunal (“ITAT”, for short) has been enhanced to Rs. 50,00,000/-. It was submitted that the appeal may be treated as withdrawn.

3. We have seen that the CBDT vide F. No. 279/Misc/M-93/2018-ITJ, dated 20/08/2019, has issued a clarification notifying that the aforesaid revised monetary limit is also applicable to all pending appeals in the ITAT.

Accordingly, considering the Ld. Sr. DR’s submissions and the record we hold that this appeal filed by the Revenue is not maintainable. In view thereof we dismiss this appeal accordingly.

3.

Before parting, we deem it necessary to clarify that in case it is subsequently noticed from the record that the appeal of Revenue is not covered by the aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018.

Revenue will be at liberty to approach Income Tax Appellate Tribunal u/s 254(2) of Income Tax Act, 1961 seeking recall of this order and, for restoration of this appeal.

In the result, this appeal by the Revenue is dismissed. 4.

Order pronounced in the open court on 02nd December, 2021.

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