ACIT, CC-27, NEW DELHI vs. ANSHIKA CONSULTANTS PVT. LTD., NEW DELHI

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ITA 3902/DEL/2018Status: DisposedITAT Delhi15 April 2021AY 2007-082 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 dismissed the Revenue's appeal as not maintainable, following the CBDT circular regarding the monetary limit for appeals. The Revenue can approach the Tribunal for recall if the tax effect is found to be higher or falls under exceptions.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2007-08. The assessee's counsel pointed out that the tax effect in the appeal was below Rs. 50 lakhs, the revised monetary limit for departmental appeals to the ITAT as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit set by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘A’ BENCH, NEW DELHI

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

Hearing: 15.04.2021Pronounced: 15.04.2021

This appeal by the Revenue for the assessment year 2007-08 is directed against the order of Learned CIT(A)-29, New Delhi dated 22.03.2018.

2.

Learned Counsel for the assessee has submitted that the tax effect in the appeal of the Revenue is below Rs. 50 lakhs. The CBDT in its Circular No.17/2019 dated 8th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs.

: 2 :

3.

Learned CIT(DR) agreed that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs.

4.

In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law.

5.

In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed.

Above decision was pronounced in the presence of both the parties on conclusion of Virtual Hearing on 15th April, 2021.

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