DCIT, CIRCLE- 1, GHAZIABAD vs. ALANG AUTO & GENERAL ENGG. CO. (P) LTD., GHAZIABAD

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ITA 6292/DEL/2017Status: DisposedITAT Delhi19 June 2020AY 2010-112 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 dismissed the appeal of the Revenue. This was based on the CBDT Circular No. 17/2019, which revised the monetary limit for filing departmental appeals to the ITAT to ₹50 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2010-11. During the hearing, it was submitted that the tax effect in the appeal was below ₹50 lakhs.

What were the issues?

The primary issue was whether the departmental appeal was maintainable given the revised monetary limits prescribed by the CBDT for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Jagdish Singh, Senior DR
For Respondent: Shri Prateek Gupta, CA
Pronounced: 19.06.2020

PER G.S. PANNU PER G.S. PANNU, , , , VP PER G.S. PANNU PER G.S. PANNU VP VP : VP This appeal by the Revenue for the assessment year 2010-11 is directed against the order of learned CIT(A), Ghaziabad dated 5th July, 2017.

2.

At the time of hearing before us, it was submitted by the learned counsel for the assessee 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.

3.

Learned Senior DR agreed that the tax effect in this appeal of the Revenue is below `50 lakhs.

2 ITA-6292/Del/2017

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 19th June, 2020.

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