DCIT CIRCLE -27(1), NEW DELHI vs. WALLMAX INDIA ENTERPRISES PVT LTD, NEW DELHI

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ITA 1204/DEL/2019Status: DisposedITAT Delhi28 October 2020AY 2015-163 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 ITAT noted that the CBDT had revised the monetary limit for filing appeals to Rs. 50 Lacs and clarified that this would apply to pending appeals. Consequently, the appeal was deemed not maintainable.

What were the facts?

The Revenue preferred an appeal before the Income Tax Appellate Tribunal (ITAT) against an order for Assessment Year 2015-16. The Departmental Representative for the Revenue pointed out that the appeal was to be withdrawn due to a low tax effect.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT given the revised monetary limits prescribed by CBDT circulars for appeals with low tax effect.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI

For Appellant: Smt. Sushma Singh
Hearing: 28.10.2020Pronounced: 28.10.2020

ORDER PER SUDHANSHU SRIVASTAVA, JM: This appeal has been preferred by the Revenue against the order dated 08.11.2018 passed by the Learned Commissioner of Income Tax (Appeals)-9, New Delhi {CIT(A)} pertains to Assessment Year: 2015-16.

2.0 However, Ld. Departmental Representative (DR) for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.0 The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.0 Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-10 of the Circular dated 11.07.2018.

5.0 In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.0 In the final result, the appeal of the Revenue stands dismissed.

Order pronounced on 28/10/2020.

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