DCIT, HISAR vs. M/S. THE HISAR DISTT. PRIMARY COOP AGRI & RURAL DEVELOPMENT BANK LTD., HISAR

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ITA 526/DEL/2017Status: DisposedITAT Delhi15 March 2021AY 2012-133 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 CBDT Circular No. 17/2019. The appeal was accordingly dismissed.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A). The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the tax effect threshold stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,

Before: SHRI BHAVNESH SAINI, & SHRI N.K. BILLAIYA

Hearing: 15.03.2021Pronounced: 15.03.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals], Rohtak dated 29.11.2016 pertaining to Assessment Year 2012-13.

2.

A perusal of the grievance of the revenue shows that the tax effect would be less than Rs. 50 lakhs, therefore, the appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019.

3.

The appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs.

4.

In the result, the appeal filed by the Revenue in is dismissed.

The order is pronounced in the open court on 15.03.2021 in the presence of both the rival representatives.

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