ACIT, CIRCLE- 8(1), NEW DELHI vs. EBERSPEACHER SUETRACK BUS CLIMATE CONTROL SYSTEMS INDIA PVT. LTD., NEW DELHI

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ITA 4197/DEL/2019Status: DisposedITAT Delhi19 June 2020AY 2011-122 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 appeal filed by the Revenue was not maintainable due to the revised monetary limit set by the CBDT. Therefore, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2011-12. The tax effect in this appeal was below ₹50 lakhs. The CBDT had revised the monetary limit for filing departmental appeals to the ITAT to ₹50 lakhs.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given the tax effect and the revised monetary limits prescribed by the CBDT for filing appeals before the ITAT.

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
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 2011-12 is directed against the order of learned CIT(A)-34, New Delhi dated 13th February, 2019.

2.

It is observed 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-4197/Del/2019

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 learned DR on conclusion of Virtual Hearing on 19th June, 2020.

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