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Income Tax Appellate Tribunal, DELHI BENCH: ‘I-1’ NEW DELHI
Before: SHRI N. K. BILLAIYA & MS SUCHITRA KAMBLE
1 ITA No. 5537/Del/2018
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘I-1’ NEW DELHI
BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER
I.T.A. No. 5537/DEL/2018 (A.Y 2012-13)
(THROUGH VIDEO CONFERENCING)
ACIT Vs Everest Business Advisory Room No. 194, 1st Floor, C. R. India Pvt. Ltd. Building, A-1/B-27, Janak Puri New Delhi New Delhi (APPELLANT) AABCE2871R (RESPONDENT)
Appellant by Sh. Anurag Sharma, SR. DR Respondent by Ms. Vandana Bhandari, Adv
Date of Hearing 23.02.2021 Date of Pronouncement 23.02.2021
ORDER PER SUCHITRA KAMBLE, JM
This appeal is filed by the Revenue against the order dated 31/05/2018 passed by the CIT(A)-44, New Delhi for Assessment Year 2012-13.
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.
2 ITA No. 5537/Del/2018
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 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, appeals of the Revenue is dismissed.
Order pronounced in the Open Court in presence of both the parties on this 23rd Day of February, 2021
Sd/- Sd/- (N. K. BILLAIYA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 23 /02/2021 R. Naheed *