DCIT, NEW DELHI vs. M/S. VIC ENTERPRISES PVT. LTD., NEW DELHI

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ITA 1320/DEL/2010Status: DisposedITAT Delhi11 November 2020AY 2005-063 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 appeal was not maintainable as per CBDT Circular No. 17/2019 due to the low tax effect. Consequently, the appeal was dismissed.

What were the facts?

The Revenue preferred an appeal against the order of the CIT(A) for Assessment Year 2005-06. The tax effect in the appeal was pointed out to be less than Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal based on the tax effect threshold stipulated by CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI SUDHANSHU SRIVASTAVA

Hearing: 11.11.2020Pronounced: 11.11.2020

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the ld. CIT(A) – 3, New Delhi dated 12.11.2009 pertaining to Assessment Year 2005-06.

2.

At the very outset, ld. DR pointed out that the tax effect in the present appeal would be less than Rs. 50 lakhs.

3.

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.

4.

On such concession, 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.

5.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 11.11.2020.

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