ACIT, CIRCLE- 32(1), NEW DELHI vs. RISABH BIRLA, NEW DELHI

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ITA 799/DEL/2018Status: DisposedITAT Delhi07 July 2021AY 2011-123 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 involved in the appeal was below Rs. 50 lakhs. In light of CBDT Circular No. 17/2019, which raised the monetary limit for appeals, the appeal was deemed not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2011-12. The assessee did not appear for the hearing.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the tax effect and the CBDT's revised monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : F : NEW DELHI

Before: SHRI R.K. PANDA & SHRI K. NARASIMHA CHARY

For Respondent: Shri Farhat Khan, Sr. DR
Hearing: 07.07.2021Pronounced: 07.07.2021

ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the Revenue is directed against the order dated 24.11.2017 of the CIT(A)-11, New Delhi, relating to assessment year 2011-12.

2.

None appeared on behalf of the assessee despite service of notice. Therefore, this appeal is being disposed of on the basis of the material available on record and after hearing the ld. DR.

3.

The ld. DR, at the outset submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs and the CBDT, vide Circular No.17/2019 dated 8th August, 2019 has raised the monetary limit for filing of appeal by the Revenue before the Tribunal to Rs.50 lakhs. Vide Notification dated 20th August, 2019 it has been clarified that Circular No.17/2019 is applicable even to pending appeals.

4.

We have heard the ld. DR. A perusal of the grounds raised by the Revenue shows that the tax effect involved in the instant case is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification by the CBDT on 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed. However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order.

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