DCIT, NEW DELHI vs. M/S. SWEKA POWER TECH ENGINEERS PVT. LTD., NEW DELHI

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ITA 5063/DEL/2014Status: DisposedITAT Delhi08 March 2021AY 2009-102 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 as per CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50 lakhs should not be filed or pressed. The Revenue's counsel did not press the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT for Assessment Year 2009-10. The tax effect in the departmental appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the departmental appeal should be entertained given the low tax effect and the applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI B.R.R. KUMAR

Hearing: 08.03.2021

आदेश /O R D E R PER BHAVNESH SAINI, J.M.

1.

This appeal by Revenue has been directed against the order of Ld. CIT(Appeals)-XXXI, New Delhi dated 29.06.2014 for AY 2009-10.

2.

Admittedly, the tax effect in the departmental appeal is less than Rs. 50 lakhs. Vide Circular No. 17/2019 dated 08.08.2019 issued by CBDT u/s 268A of the Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs. 50 lakhs. It is also directed that this Instruction will apply retrospectively to the pending appeals and appeals

I.T.A.No.5063/Del/2014 to be filed henceforth in the Tribunal. Pending appeals below this specified tax limit may be withdrawn/not pressed.

3.

Ld. DR in view of the above did not press the Departmental appeal. In view of the above, the Departmental appeal stands dismissed as withdrawn/not pressed.

Order pronounced in the open court on 08/03/2021

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