What did the Tribunal hold?

The Tribunal held that CBDT Circular No. 17/2019, which sets a monetary limit for appeals, applies to pending appeals. Therefore, the Revenue's appeal was not maintainable.

The Revenue filed an appeal before the ITAT. The assessee contended that the disputed amount and tax effect were 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 based on the monetary limit stipulated by CBDT circulars.

DCIT vs M/S. Khemka Shrey Leisure Pvt… | ITAT Delhi 2021

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

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Rajeshwar Painuly, CA

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 29.09.2015, passed by Ld. Commissioner of Income Tax (Appeals)-XXVII, New Delhi for the Assessment Year 2011-12.

Before us, ld. counsel for the assessee submitted that the total disputed amount as raised in the Revenue’s appeal amounting to Rs.1,49,87,880/- on which the total tax effect is Rs.49.49 lakhs which 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 SHREY LEISURE PVT. LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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