Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI
Before: MS SUCHITRA KAMBLE & DR. B. R. R. KUMAR
1 ITA No. 2816/Del/2017
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’ NEW DELHI
BEFORE MS SUCHITRA KAMBLE, JUDICIAL MEMBER AND DR. B. R. R. KUMAR, ACCOUNTANT MEMBER
I.T.A. No. 2816/DEL/2017(A.Y 2013-14)
(THROUGH VIDEO CONFERENCING)
Addl. CIT Vs Security Printing & Minting Special Range-8 Corporation of India Ltd. New Delhi 16th Floor, Jawahar Vyapar Bhawan, Janpath (APPELLANT) New Delhi AAJCS6111J (RESPONDENT)
Appellant by Sh. Prakash Dubey, Sr. DR Respondent by Sh. Y. K. Maglan, CA
Date of Hearing 16.02.2021 Date of Pronouncement 16.02.2021
ORDER PER SUCHITRA KAMBLE, JM
This appeal is filed by the Revenue against order dated 03/01/2017 passed by CIT(A)-39, New Delhi for assessment year 2013-14.
At the outset, it was brought to our notice that the tax effect involved in this appeal being less than Rs. 50 lacs, squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019.
After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide
2 ITA No. 2816/Del/2017
Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We find that the subsequent clarification dated 20.08.2019 makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. The Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Accordingly, on account of low tax effect case, we dismiss this appeal of revenue in limine, without going into the merits of the case.
In the result, appeal of the Revenue is dismissed.
Order pronounced in the Open Court on this 16th Day of FEBRUARY, 2021 in presence of both the parties.
Sd/ Sd/- (B. R. R. KUMAR) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 16/02/2021 R. Naheed *