DCIT, NEW DELHI vs. M/S MIRAGE HOME LTD., NEW DELHI

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ITA 2621/DEL/2016Status: HeardITAT Delhi02 November 2021AY 2003-043 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 is not maintainable as per CBDT Circular No. 17/2019 due to the low tax effect. The appeal was dismissed with liberty to the revenue to approach the Tribunal if the tax effect exceeds Rs. 50 lakhs.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2003-04. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal due to low tax effect as per CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLE

For Appellant: Shri B. K. Dhingra, CA
Hearing: 02.11.2021Pronounced: 02.11.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals]-XXVI, New Delhi dated 02.02.2016 pertaining to Assessment Year 2003-04.

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 in is dismissed.

The order is pronounced in the open court on 02.11.2021 in the presence of both the rival representatives.

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