ACIT, CIRCLE- 47(1), NEW DELHI vs. GUPTAJEE & COMPANY, DELHI

PDF · subscribers
ITA 419/DEL/2018Status: DisposedITAT Delhi09 November 2021AY 2013-143 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 was not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2013-14. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal before the Tribunal based on the tax effect in light of CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

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

Before: SH. N. K. BILLAIYA & SH. KULDIP SINGH

For Respondent: CA Sh. Sachin Jain, CA
Hearing: 09/11/2021Pronounced: 09/11/2021

PER N. K. BILLAIYA, AM:

1.

This appeal filed by the revenue is preferred against the order of the CIT(A)-16, New Delhi dated 30.10.2017 for A.Y. 2013-14.

2.

A perusal of the grievance of the revenue shows 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.

3.

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.

4.

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

The order is pronounced in the open court on 09.11.2021 in the presence of both the rival representatives.

Recent GST High Court judgments

Search GST case law →