JCIT (OSD), NOIDA vs. M/S. TRIVENI ENGINEERING & INDUSTRIES LTD., NOIDA

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ITA 2355/DEL/2016Status: DisposedITAT Delhi14 July 2020AY 2005-064 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 appeals filed by the Revenue were not maintainable due to low tax effect as per the CBDT circular. The circular and its retrospective clarification were binding on the tax authorities.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2001-02 to 2005-06. The tax effect involved in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeals are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Before: SHRI R. K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Ms. Tejasvi Jain, CA, Ms. Somya
Hearing: 02.07.2020Pronounced: 14.07.2020

ORDER PER SUCHITRA KAMBLE, JM These appeals are filed by the Revenue and the respective assessee against orders dated 27/01/2016 for A.Ys. 2001-02 to 2005-06 passed by the Commissioner of Income Tax (Appeals)- 1, Noida.

2.

At the outset, it was brought to our notice that the tax effect involved in these appeals being less than Rs. 50 lacs, squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019. The Ld. AR submitted working of the low tax effect is as under:-

LOW TAX EFFECT WORKING

3.

After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, Ld. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We find that the subsequent clarification dated 20.08.2019 makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. The Circular is binding on the tax authorities. Hence, we hold that the appeals of the revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Accordingly, on account of low tax effect case, we dismiss these appeals of revenue in limine, without going into the merits of the case.

5.

In result, all the Revenue’s appeals are dismissed.

Order pronounced in the Open Court on 14th JULY, 2020.

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