ADDL. CIT, SPECIAL RANGE- 8, NEW DELHI vs. S. CHAND & CO. PVT. LTD., NEW DELHI

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ITA 7837/DEL/2017Status: DisposedITAT Delhi27 July 2021AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue as withdrawn, citing CBDT circulars that revised the monetary limit for filing appeals. The Revenue was granted liberty to re-institute the appeal if exceptions applied.

What were the facts?

The Revenue appealed against an order of the CIT(A) concerning the valuation of closing stock. However, the Revenue sought to withdraw the appeal due to a low tax effect.

What were the issues?

The primary issue was the maintainability of the appeal before the Tribunal due to the low tax effect, as per revised CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “G” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & DR.B.R.R.KUMAR

For Respondent: Ms. Sweety Kothari, CA
Hearing: 27.07.2021Pronounced: 27.07.2021

ORDER PER KUL BHARAT, JM :

This appeal filed by the Revenue for the assessment year 2013-14 is directed against the order of Ld. CIT(A)-42, New Delhi dated 27.10.2017.

The Revenue has raised following ground of appeal:-

1. "Whether the Ld.CIT(A) was justified in deleting the addition of Rs.72,72,188/- made by the Assessing Officer on account of valuation of closing stock @ 2% of Rs.36,36,09,371/- being the printed price of the books as on 31.03.2013.”

2.

However, Ld. Sr. DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs.

Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

5.

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.

In the result, the appeal of Revenue is dismissed.

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 27th July, 2021.

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