ACIT, CIRCLE- II, FARIDABAD vs. RAKHEJA ENGINEERS PVT. LTD., FARIDABAD

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ITA 6903/DEL/2018Status: DisposedITAT Delhi20 October 2021AY 2015-163 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 as per CBDT Circular No. 17/2019 due to the low tax effect. The appeal was accordingly dismissed.

What were the facts?

The Revenue preferred an appeal against the order of the CIT(A) for Assessment Year 2015-16. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the tax effect threshold stipulated by CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.K. BILLAIYA, & SHRI KUL BHARAT

For Respondent: Shri I.P.S. Bindra, CIT DR
Hearing: 20.10.2021Pronounced: 20.10.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals], Faridabad dated 23.08.2018 pertaining to Assessment Year 2015-16.

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 20.10.2021 in the presence of both the rival representatives.

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