DCIT, CENTRAL CIRCLE-II, FARIDABAD vs. DAKSH DEVELOPERS P.LTD, FARIDABAD

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ITA 3357/DEL/2018Status: DisposedITAT Delhi22 March 2021AY 2008-092 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 held that the appeal was not maintainable due to the low tax effect, as per the revised CBDT circulars. The Revenue was granted liberty to approach for re-institution if exceptions applied.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The Departmental Representative pointed out that the tax effect was below the revised monetary limit for filing appeals. This limit was set by CBDT Circular No. 17/2019.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI

Before: SHRI R.K. PANDA & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Ms. Nidhi Srivastava, CIT-DR
Hearing: 22.03.2021Pronounced: 22.03.2021

ORDER PER R.K. PANDA, AM :

This appeal filed by the Revenue is directed against the order dated 27.02.2018 of the learned CIT(A)-2, Gurgaon, relating to Assessment Year 2008-09.

2.

However, Ld. Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.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 final result, the appeal of the Revenue stands dismissed.

Above decision was pronounced in the open court in the presence of both the parties on conclusion of Virtual Hearing on 22nd March, 2021.

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