JCIT, NEW DELHI vs M/S. FREESCALE SEMICONDUCTOR INDIA PVT. LTD., NEW DELHI

Income Tax Appellate Tribunal, DELHI BENCH “I-1” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Appellant: Shri Surender Pal, CIT-DR

For Respondent: Shri Ankit Sahni, Adv. & Ms

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 10.11.2016 passed by Commissioner of Income Tax (Appeals)-XLIV, New Delhi for the Assessment Year 2011-12.

Before us, ld. counsel for the assessee submitted that the total disputed amount as raised in the Revenue’s appeal is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable.

Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs. Thus, the appeal filed by the Revenue is dismissed.

Since, the appeal of the Revenue is dismissed on low tax effect; therefore, the Cross Objection of the assessee does not survive as has become infructuous. Thus, the Cross Objection of the assessee is dismissed as has become infructuous.

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

JCIT, NEW DELHI vs. M/S. FREESCALE SEMICONDUCTOR INDIA PVT. LTD., NEW DELHI