DCIT, CIRCLE- 62(1), NEW DELHI vs. RAMESH KUMAR PABBI, NEW DELHI

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ITA 6167/DEL/2017Status: DisposedITAT Delhi24 August 2020AY 2011-124 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 held that the Departmental appeal was not maintainable due to the monetary limits prescribed by CBDT Circulars. The appeal was dismissed on this technical ground.

What were the facts?

The Revenue appealed against the cancellation of a penalty of Rs. 11,61,210/- under section 271(1)(c) of the Income Tax Act. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Departmental appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT Circulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “F”: DELHI

Before: SHRI BHAVNESH SAINI & SHRI O.P. KANT

Hearing: 24.08.2020Pronounced: 24.08.2020

PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-27, New Delhi, Dated 07.07.2017, for the A.Y. 2011-2012, challenging the cancellation of penalty of Rs.11,61,210/- under section 271(1)(c) of the I.T. Act, 1961.

1.

2 ITA.No.6167/Del./2017 Mr. Ramesh Kumar Pebbi, New Delhi. 2. We have heard the Learned Representatives of both the parties through video conferencing.

3.

It is an admitted fact that the impugned amount in the Departmental Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018 Dated 11th July, 2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax limit may be withdrawn/not pressed by the Department. The CBDT Vide Circular No.17/2019 Dated 08.08.2019 amended the earlier Circular No.3/2018 (supra) whereby it has been directed that monetary limit for filing the Departmental appeal in Income Tax Cases may be enhanced further through this amendment in para-3 of the Circular mentioned above and accordingly, the monetary limit for filing the appeal before the Appellate Tribunal have been enhanced to Rs.50 lakhs. Since Circular No.17/2019

3 ITA.No.6167/Del./2017 Mr. Ramesh Kumar Pebbi, New Delhi. Dated 08.08.2019 have been issued to amend its earlier Circular No.3/2018 (supra), therefore, all the conditions of earlier Circular No.3/2018 shall apply accordingly.

4.

The Ld. D.R. in view of the above Board’s Circulars did not press the Departmental Appeal. The case of the Department would not fall in the exceptions provided in the above Board Circulars. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

5.

In the result, appeal of the Department dismissed.

Order pronounced in the open Court.

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