What did the Tribunal hold?

The Tribunal held that the CBDT circular, which sets a monetary limit for appeals, also applies to pending appeals. Therefore, the Revenue's appeal was not maintainable.

The Revenue filed an appeal against an order for Assessment Year 2016-17. 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 whether the Revenue's appeal was maintainable given the monetary limit specified in the CBDT circular and its applicability to pending appeals.

ACIT vs Phonepe Pvt Ltd, New Delhi | ITAT Delhi 2021

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

Before: SHRI AMIT SHUKLA & Dr. B.R.R. KUMAR

For Appellant: Ms. Shivani Bansal, Sr.D.R

For Respondent: Shri Vidyut NV, CA, Shri Laxmi Shah, CA

O R D E R PER AMIT SHUKLA, JM

The aforesaid appeal has been filed by the Revenue against the impugned order dated 31.05.2019 passed by Commissioner of Income Tax (Appeals)-VII, New Delhi for the Assessment Year 2016-17.

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.

Order pronounced in the open Court on 16th September, 2021.

ACIT CIRCLE-19(2), NEW DELHI vs. PHONEPE PVT LTD, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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