ACIT, CIRCLE- 26(2), NEW DELHI vs. VIJAYANT FACILITY SERVICES PVT. LTD., NEW DELHI

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ITA 4590/DEL/2018Status: DisposedITAT Delhi07 October 2021AY 2014-153 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 noted that the CBDT had revised the monetary limit for filing appeals to Rs. 50 Lacs and that this applied to pending appeals. Therefore, the appeal was not maintainable due to low tax effect.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made on account of disallowance under Section 36(1)(va). The assessee's counsel pointed out that the tax effect was below the monetary limit for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the low tax effect, in light of CBDT circulars revising monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 36(1)(va)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “F” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & SHRI O.P.KANT

Hearing: 07.10.2021Pronounced: 07.10.2021

ORDER PER KUL BHARAT, JM : This appeal filed by the Revenue for the assessment year 2014-15 is directed against the order of Ld. CIT(A)-9, New Delhi dated 27.12.2017. The Revenue has raised following grounds of appeal:-

1. “On the facts and in the circumstances of the case and law, the Ld. CIT(A) has erred in deleting the addition of Rs.69,88,497/- made on account of disallowance u/s 36(1)(va) by ignoring the fact that CBDT Circular No.22/2015 dated 17.12.2015 is not applicable to claim of deduction relating to employee’s contribution to welfare funds as per para 5 of the said circular.

2. The appellant craves, leaves or reserving the right to amend, modify, alter, add or forego any of the ground(s) of appeal at any time before or during the hearing of this appeal.”

2.

However, Ld. Counsel for the assessee pointed out that the present appeal pertaining to Assessment Year 2014-15 deserves to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.

Ld. Sr. DR could not controvert the submissions of the Ld. Counsel for the assessee.

4.

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs.

Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

5.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

6.

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

7.

In the result, appeal of Revenue is dismissed.

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 07th October, 2021.

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