ACIT, CIRCLE-17(1), NEW DELHI vs. MOHAN ENERGY CORPORATION (P) LTD, NEW DELHI

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ITA 6510/DEL/2017Status: DisposedITAT Delhi28 October 2020AY 2013-142 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 noted that the tax effect in the Revenue's appeal was below the revised monetary limit set by the CBDT. Therefore, the appeal was considered not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2013-14. The tax effect in this appeal was below ₹50 lakhs. The CBDT had revised the monetary limit for departmental appeals to the ITAT to ₹50 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the revised monetary limit set by the CBDT is maintainable before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU, VICE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU, VICE SHRI G.S. PANNU & 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 PER G.S. PANNU, VICE PRESIDENT PRESIDENT

1.

This appeal by the Revenue for the assessment year 2013-14 is directed against the order of learned CIT(A)-6, New Delhi dated 11th August, 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-6510/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.

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