ITO, WARD- 1(5), GHAZIABAD vs. AMAR KAMBOJ, GHAZIABAD

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ITA 9744/DEL/2019Status: DisposedITAT Delhi04 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 due to the low tax effect, as per CBDT Circular No. 17/2019. The appeal was dismissed on this ground.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order for Assessment Year 2010-11. The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the tax effect, in light of CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,

Before: SHRI H.S. SIDHU, & SHRI N.K. BILLAIYAShri Amar Kamboj

Hearing: 03.03.2020Pronounced: 04.03.2020

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the CIT(A) - 1, Noida, dated 30.07.2018 pertaining to A.Y 2010-11.

2.

A perusal of the grievance of the revenue shows that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019.

3.

This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs.

4.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on04.03.2020.

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