ACIT, CENTRAL CIRCLE- 30, NEW DELHI vs. KUBER GRAINS & SPICES PVT. LTD., NEW DELHI

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ITA 6452/DEL/2019Status: DisposedITAT Delhi09 November 2020AY 2016-172 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 dismissed the Revenue's appeal as not maintainable. This decision was based on the CBDT's revised monetary limit for filing appeals, making the current appeal below the threshold.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2016-17. The assessee's counsel pointed out that the tax effect was below Rs. 50 lakhs, which is the revised monetary limit for departmental appeals to the ITAT as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the revised monetary limit set by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-I’ : NEW DELHI

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

Assistant Commissioner of Vs. M/s Kuber Grains & Spices Pvt. Ltd. Income Tax, Khasra No. 1281-1282, Central Circle-30, Kapashera Village, New Delhi. New Delhi – 110 037. PAN : AABCK0599G. (Appellant) (Respondent) Appellant by : Sh. R.K. Gupta, Sr. DR. Respondent by : Sh. P.C. Yadav, Advocate ORDER

PER H.S. SIDHU, JM :

1.

This appeal by the Revenue for the assessment year 2016-17 is directed against the order of learned CIT(A)-30, New Delhi dated 20TH May, 2019.

2.

At the time of hearing, the Learned Counsel for the assessee has submitted that the tax effect in this appeal by the Revenue is below Rs. 50 lakhs and also stated that CBDT in its Circular No.17/2019 dated 8th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs. He has, therefore, requested that the Revenue’s appeal may be dismissed. 3. Learned Senior DR did not controvert the aforesaid contention of the Ld. Counsel for the Assessee. 4. In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8th August, 2019, as not maintainable.

2 ITA-6452/Del/2019

5.

In the result, the appeal of the Revenue is dismissed. Above decision was pronounced on 09th November, 2020.

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