DCIT, CIRCLE-12(1), NEW DELHI vs. INDO RAMA INDUSTRIES LTD, CHANDIGARH

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ITA 5496/DEL/2018Status: HeardITAT Delhi15 November 2021AY 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, citing the CBDT Circular No. 17/2019 which revised the monetary limit for 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 tax effect in the appeal was found to be below Rs. 50 lakhs.

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.

AI-generated summary — verify with the full judgment below

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

Before: SHRI RAMA KANTA PANDA & MS. SUCHITRA RAGUNATH KAMBLE

Hearing: 15.11.2021Pronounced: 15.11.2021

This appeal by the Revenue for the assessment year 2015-16 is directed against the order of Learned CIT(A)-4, New Delhi dated 20.06.2018.

2.

None appeared on behalf of the assessee. After perusal of the records, it is revealed that that the tax effect in the 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 :

3.

Learned Sr. DR agreed that the tax effect in this appeal 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. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law.

5.

In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed.

Above decision was pronounced in the Open Court on 15th November, 2021.

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