ACIT, CENTRAL CIRCLE- 16, NEW DELHI vs. ANURAG RATHI, NEW DELHI

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ITA 820/DEL/2018Status: DisposedITAT Delhi08 March 2021AY 2014-152 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 CBDT Circular No. 17/2019 revised the monetary limit for filing appeals to Rs. 50 Lacs and clarified its applicability to pending appeals. Therefore, the appeal with a low tax effect was 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 2014-15. The Departmental Representative pointed out that the appeal was to be withdrawn as the tax effect was below the revised monetary limit.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT in light of the revised monetary limits prescribed by CBDT circulars for filing appeals.

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 BENCH, ‘SMC-1’: NEW DELHI

Before: SHRI R.K. PANDA & Ms. SUCHITRA KAMBLE

For Respondent: Adv. Sh. Aashish Goyal, CA
Hearing: 08.03.2021Pronounced: 08.03.2021

ORDER PER R.K. PANDA, AM :

This appeal filed by the Revenue is directed against the order dated 28.11.2017 of the CIT(A)-XXVI, New Delhi, relating to Assessment Year 2014-15.

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 Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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 announced in the presence of both the sides on conclusion of Virtual Hearing on 08th March, 2021.

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