DCIT, CIRCLE- 3(2), NEW DELHI vs. AVANTHA REALTY LTD., KOLKATA

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ITA 7852/DEL/2017Status: DisposedITAT Delhi28 October 2020AY 2004-052 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 was below the revised monetary limit. Consequently, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal for assessment year 2004-05. The assessee's counsel pointed out that the tax effect was below ₹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?

Whether the Revenue's appeal is maintainable before the ITAT given the revised monetary limits for filing appeals as per CBDT circulars.

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
For Respondent: Shri Upvan Gupta, CA

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 2004-05 is directed against the order of learned CIT(A)-11, New Delhi dated 27th October, 2017.

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 `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 2 ITA-7852/Del/2017 the ITAT at `50 lakhs. He has, therefore, requested that the Revenue’s appeal may be dismissed.

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 in the presence of both the parties on conclusion of Virtual Hearing on 28th October, 2020.

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