ACIT, CENTRAL CIRCLE- 27, NEW DELHI vs. UTECH DEVELOPERS LTD., NEW DELHI

ORDER PER KUL BHARAT, JM :

This appeal filed by the Revenue for the assessment year 2012-13 is directed against the order of Ld. CIT(A)-29, New Delhi dated 06.10.2017.

The Revenue has raised following ground of appeal:-

1. "The Ld.CIT(A) has erred in law and in facts by deleting the addition made by the Assessing Officer u/s 37(1) of the I.T.Act, 1961 without appreciating the fact that assessee failed to establish the genuineness of the expenses and failed to discharge its onus.

2. The Ld.CIT(A) has erred in law and in facts by granting relief to the assessee placing reliance upon the order in assessee’s own case for Assessment Year 2009-10 whereas department has filed appeal against the said order passed by the Ld.CIT(A) for Assessment Year 2009-10 before the Hon’ble ITAT and the matter has not attained the finality yet. 3. That the grounds of appeal are without prejudice to each other.”

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.

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