ACIT, CIRCLE-11(2), NEW DELHI vs. HUMBOLDT WEDAG INDIA PVT. LTD., NEW DELHI

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ITA 1023/DEL/2018Status: DisposedITAT Delhi22 February 2021AY 2003-044 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 Revenue's appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. The assessee's cross-objection was withdrawn as the dispute was settled under the Vivad Se Vishwas Act.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee also filed a cross-objection. The tax effect in the Revenue's appeal was below the threshold specified by CBDT circulars.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect and withdrawal of the assessee's cross-objection.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI

Before: SHRI R.K. PANDA & SHRI K NARASIMHA CHARY

For Appellant: Shri S.K. Aggarwal, CA, Shri Shailesh Kumar, Sr. DR
Hearing: 22/02/2021

O R D E R PER R.K. PANDA, AM This appeal filed by the Revenue is directed against the order dated 13th November, 2017 of Ld. CIT(A)-42, New Delhi relating to assessment year 2003-04. The assessee has also filed the Cross Objection. For the sake of convenience these were heard together and are being disposed of by this common order.

2.

Ld. Counsel for the assesse at the outset submitted that the tax effect involved in the grounds raised by the revenue is below Rs. 50 lakhs. Therefore, in view of the CBDT Circular No. 17/2019 dated 8th August, 2019, the appeal filed by the revenue is not maintainable and, therefore, the appeal is liable to be dismissed.

3.

Ld. DR fairly conceded that the tax effect involved in the grounds raised by the revenue is admittedly below Rs. 50 lakhs.

4.

After hearing both the sides, we find the tax effect involved in the grounds raised by the revenue is admittedly below Rs. 50 lakhs. CBDT vide circular No. 17/2019 dated 8th August, 2019 has increased the monetary limit for filing of appeals by the Revenue to Rs. 50 lakhs. It has subsequently been clarified by the CBDT that the said circular is applicable even to pending appeals. In view of the above, the appeal filed by the revenue is not maintainable and is accordingly dismissed.

Cross Objection 96/Del/2018

5.

Ld. Counsel for the assessee submitted that the assessee has gone under the Vivad Se Vishwas Act 2020 to settle the dispute and has obtained the Form No. 3 from the department. He accordingly submitted that he wants to withdraw the cross objection. In absence of any objection from the side of the Ld. DR, the request of the Ld. Counsel for the assessee seeking withdrawal of the cross objection is accepted. The cross objection filed by the assessee is accordingly dismissed as “withdrawn”.

6.

In the result, the appeal filed by the Revenue and the Cross Objection filed by the assessee are dismissed.

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