ACIT, NEW DELHI vs. M/S. SHYAM TELECOM LTD., NEW DELHI

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ITA 352/DEL/2017Status: DisposedITAT Delhi17 March 2021AY 2007-083 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 against the CIT(A) order for AY 2007-08. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the Revenue's appeal based on the tax effect threshold stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,

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

For Appellant: Shri Vibhu Gupta, CA
Hearing: 17.03.2021Pronounced: 17.03.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] – 38, New Delhi dated 13.10.2016 pertaining to assessment year 2007-08.

2.

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

3.

This 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 of the Revenue in stands dismissed.

The order is pronounced in the open court in the presence of both the representatives on 17.03.2021.

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