ACIT, NEW DELHI vs. M/S ELEL HOTEL & INVESTMENT LTD., NEW DELHI

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ITA 4542/DEL/2009Status: DisposedITAT Delhi10 June 2020AY 2005-063 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 in view of CBDT Circular No. 17/2019, which raised the monetary limit for filing appeals to Rs. 50 lakhs, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 50,74,700/-. The tax effect involved in the appeal was below Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal due to the tax effect being below the revised monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: SH. R. K. PANDA & SH. SUDHANSHU SRIVASTAVA

For Appellant: Ms. Nidhi Srivastava, Sr. DR
Hearing: 10/06/2020Pronounced: 10/06/2020

This appeal filed by the revenue is directed against the order dated 23.09.2009 of the CIT(A)-2, Delhi relating to A. Y. 2005-06.

2.

The only effective ground raised by the revenue reads as under :-

1.

On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and facts in deleting the addition of Rs.50,74,700/- made by the AO on account of income accrued from ITC Ltd. by not appreciating the facts of the case.

3.

The Ld. Counsel for the assessee at the outset submitted that the tax effect involved in the ground of appeal raised by the revenue is below Rs. 50 laksh. Therefore, in view of the CBDT circular No. 17/2019 dated 08.08.2019 the appeal filed by the revenue is not maintainable.

4.

The Ld. CIT DR on the other hand fairly conceded that the tax effect involved in the ground raised by the revenue is below Rs. 50 lacs.

5.

After hearing both the sides we find the tax effect involved in the ground raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the latest CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

6.

In the result, the appeal filed by the revenue is dismissed.

Order pronounced in the open court at the time of hearing itself i.e. on 10.06.2020.

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