ITO, WARD-2(2), GHAZIABAD vs. REEMA KAPOOR, GHAZIABAD

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ITA 328/DEL/2020Status: DisposedITAT Delhi12 March 2020AY 2010-113 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 as per the revised monetary limits for filing appeals set by CBDT circulars. The Revenue was granted liberty to approach the Tribunal for re-institution if exceptions applied.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed by the CIT(A). The Revenue's counsel pointed out that the appeal was to be withdrawn due to a low tax effect.

What were the issues?

Maintainability of the appeal before the Tribunal due to low tax effect and applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

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

For Appellant: DR ूयथ क ओर से /
Hearing: 12.3.2020Pronounced: 12.03.2020

आदेश / ORDER आदेश आदेश आदेश

PER SUSHMA CHOWLA, VP The present appeal filed by Revenue is against order of CIT(A)-I, Noida, dated 23.04.2018 passed under section 147/144 of the Income-tax Act, 1961 (in short ‘the Act’) relating to Assessment Year 2010-11.

2.

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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

आयकर अपील सं. / ITA No:- 328/Del/2020

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Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.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

Order pronounced in the open court on 12th day of March, 2020.

1.

Sd/- Sd/- (PRASHANT MAHARISHI) (SUSHMA CHOWLA) लेखा सदःय लेखा सदःय/ACCOUNTANT MEMBER उपा�य� लेखा सदःय लेखा सदःय उपा�य� उपा�य�/VICE PRESIDENT उपा�य� �द�ली �द�ली / �दनांक Dated : 12th March, 2020 �द�ली �द�ली SH

आयकर अपील सं. / ITA No:- 328/Del/2020

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