ACIT, CENTRAL CIRCLE- 27, NEW DELHI vs. FLEX FOODS LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeals were not maintainable as per CBDT Circular No. 17/2019 due to the low tax effect. Consequently, the appeals were dismissed.
What were the facts?
The Revenue preferred appeals against the CIT(A) order for assessment years 2013-14 and 2014-15. The tax effect in these appeals was found to be less than Rs. 50 lakhs.
What were the issues?
The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the tax effect, as 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 ‘B’ BENCH,
Before: SHRI N.K. BILLAIYA & SHRI SUDHANSHU SRIVASTAVA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
These appeals by the Revenue are preferred against the order of the Commissioner of Income Tax [Appeals]-29, New Delhi dated 08.12.2017 pertaining to assessment year 2013-14 and 2014-15.
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.
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.
In the result, the appeals of the Revenue in & 1421/DEL/2018 are dismissed.
Decision has been announced in the open court in presence of representatives of the both sides.
The order is pronounced in the open court on 02.12.2020.
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