ACIT, CIRCLE- 19(1), NEW DELHI vs. ONLINE RECHARGE SERVICES (P) LTD., GURGAON

PDF · subscribers
ITA 6322/DEL/2017Status: DisposedITAT Delhi28 October 2020AY 2014-152 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 appeal of the Revenue. This decision was based on the CBDT's Circular No. 17/2019, which revised the monetary limit for departmental appeals to the ITAT to ₹50 lakhs.

What were the facts?

The Revenue filed an appeal for the assessment year 2014-15. The tax effect in this appeal was found to be below ₹50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal 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, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNUSHRI G.S. PANNU & AND BEFORE SHRI G.S. PANNUSHRI G.S. PANNU & AND SHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVA

For Appellant: Ms. Rakhi Vimal, Senior DR

PER G.S. PANNU, VICE PRESIDENT : PER G.S. PANNU, VICE PRESIDENT PER G.S. PANNU, VICE PRESIDENT PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the Revenue for the assessment year 2014-15 is directed against the order of learned CIT(A)-7, New Delhi dated 21st July, 2017.

2.

It is observed that the tax effect in this appeal by the Revenue is below `50 lakhs. The 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 `50 lakhs.

2 ITA-6322/Del/2017

3.

Learned Senior DR agreed that the tax effect in this appeal of the Revenue is below `50 lakhs.

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.

5.

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

Above decision was announced on conclusion of Virtual Hearing on 28th October, 2020.

Recent GST High Court judgments

Search GST case law →