ACIT, CIRCLE- 9(2), NEW DELHI vs. FRESENIUS MEDICAL CARE INDIA PVT. LTD., NEW DELHI

PDF · subscribers
ITA 7268/DEL/2018Status: DisposedITAT Delhi08 September 2021AY 2012-133 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 falls within the ambit of CBDT Circular No. 17/2019 and its subsequent clarification, which prescribe monetary limits for preferring appeals. The circular applies retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2012-13. The tax effect involved in the appeal was below Rs. 50 lacs.

What were the issues?

Whether the Revenue's appeal should be dismissed in limine due to low tax effect as per CBDT circulars, without going into the merits of the case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI

Before: SH. N. K. BILLAIYA & MS SUCHITRA KAMBLE

For Appellant: Dr. Maninder Kaur, Sr.D.R
Hearing: 08.09.2021Pronounced: 08.09.2021

PER SUCHITRA KAMBLE, JM

1.

This appeal is filed by the Revenue against the order of the Commissioner of Income Tax [Appeals]-3, Delhi dated 06.08.2018 for Assessment Year 2012-13.

2.

At the outset, it was brought to our notice that the tax effect involved in this appeal being less than Rs. 50 lacs, squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019.

3.

After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We find that the subsequent clarification dated 20.08.2019 makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. The Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Accordingly, on account of low tax effect case, we dismissed this appeal of revenue in limine, without going into the merits of the case.

4.

In result, appeal of the Revenue is dismissed.

5.

Order is pronounced in the open court in presence of Ld. Sr. DR on 08th September, 2021.

Order pronounced in the Open Court on this 08th day of September, 2021.

Recent GST High Court judgments

Search GST case law →