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

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ITA 2623/DEL/2016Status: HeardITAT Delhi02 November 2021AY 2006-073 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 dismissed with liberty to the revenue to approach the Tribunal if the tax effect exceeded Rs. 50 lakhs.

What were the facts?

The Revenue preferred an appeal against the CIT(A) order for AY 2006-07. 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 monetary limit prescribed by 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 15.02.2016 pertaining to Assessment Year 2006-07.

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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