What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the prescribed monetary limit of Rs. 50 lakhs. This circular was also clarified to apply to pending appeals.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee contended that the disputed amount was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the monetary limit set by CBDT circulars.

DCIT vs M/S Khemka Stuart Leisure Ltd… | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH “B” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Tarandeep Singh, Adv

For Respondent: Shri J.K. Mishra, CIT-DR

O R D E R PER AMIT SHUKLA, JM

The aforesaid appeal has been filed by the Revenue against the impugned order dated 09.12.2011, passed by Ld. Commissioner of Income Tax (Appeals)-XIII, New Delhi for the Assessment Year 2005-06. 2. Before us, ld. counsel for the assessee submitted that the total disputed amount as raised in the Revenue’s appeal is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable.

Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs.

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

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 29th September, 2021

DCIT, NEW DELHI vs. M/S KHEMKA STUART LEISURE LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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