ACIT, CIRCLE- 14(1), NEW DELHI vs. KARL STORZ ENDOSCOPY INDIA PVT. LTD., NEW DELHI

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ITA 4699/DEL/2019Status: DisposedITAT Delhi19 June 2020AY 2009-102 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 Revenue's appeal as not maintainable. This decision was based on the CBDT Circular No. 17/2019, which revised the monetary limit for departmental appeals to the ITAT to ₹50 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2009-10. The assessee's counsel submitted that the tax effect in the appeal was below ₹50 lakhs. The learned Senior DR agreed with this submission.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the CBDT's revised monetary limits 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 V.K. Sabharwal, Advocate
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 2009-10 is directed against the order of learned CIT(A)-5, New Delhi dated 27th February, 2019.

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-4699/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 both the parties on conclusion of Virtual Hearing on 19th June, 2020.

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