DCIT, CIRCLE- 13(2), NEW DELHI vs. JAY BHARAT MARUTI LTD., NEW DELHI

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ITA 7151/DEL/2018Status: DisposedITAT Delhi13 May 2020AY 2014-153 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 was not maintainable due to the low tax effect, as per the revised CBDT circular. The Revenue was given liberty to seek re-institution if exceptions applied.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

Maintainability of appeal before the Tribunal in light of revised monetary limits prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Hearing: 20.03.2020Pronounced: 13.05.2020

ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER: This appeal has been preferred by the Revenue against the order dated 23.08.2018 passed by the learned CIT (Appeals)-5, Delhi {CIT (A)} and pertains to Assessment Year: 2014-15.

2.

The learned DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

DCIT vs. M/s Jay Bharat Maruti Ltd.

3.

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs.

Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of the appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular dated 11.07.2018.

5.

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.

In the final result, the appeal of the Revenue stands dismissed.

Order pronounced in the Open Court on 13/05/2020.

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