DCIT, CIRCLE- 1, FARIDABAD vs. HYPER HR NECLEUS SOLUTIONS PVT. LTD., FARIDABAD

PDF · subscribers
ITA 4131/DEL/2018Status: DisposedITAT Delhi25 August 2021AY 2014-152 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 tax effect of the appeal was below the monetary limit prescribed by CBDT Circular No. 17/2019. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting an addition made on account of late deposition of employee's contribution to ESI and PF. The assessee did not appear for the hearing.

What were the issues?

Whether the Revenue's appeal is maintainable due to low tax effect as per CBDT circulars.

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 BENCH “C” NEW DELHI

Before: SHRI R.K. PANDA & SHRI VIJAY PAL RAO

For Appellant: Ms. Anima Barnwal, Sr.D.R

PER VIJAY PAL RAO, J.M. This appeal by the Revenue is directed against the order dated 23rd April, 2018 by Commissioner of Income Tax (Appeals), Faridabad for the Assessment Year 2014-15. The Revenue has raised the solitary ground in this appeal as under: “On the facts and in the circumstances of the case the Ld. CIT(A), Faridabad is correct in deleting the addition of Rs.64,74,529/- made under Section 36(1)(va) of the Income Tax Act on account of late deposition of employee contribution of ESI and PF.” 2. None has appeared on behalf of the assessee despite the notices issued through RPAD. At the outset, it is noted that the tax effect in the Revenue’s Appeal is below the monetary limit prescribed in the CBDT Circular No.17/2019 dated 08.08.2019.

3.

The ld. DR has fairly admitted that the tax effect in the Revenue’s Appeal is less than the monetary limit provided in the CBDT Circular No. 17/2019 dated 08.08.2019 and it does not fall in any of the exception provided in the said Circular. Accordingly, in view of low tax effect in Revenue’s Appeal, the same is not maintainable and liable to be dismissed.

More judgments on Section 36(1)(va)

All 6,054 judgments and leading authorities on Section 36(1)(va) →

Recent GST High Court judgments

Search GST case law →