DCIT, NEW DELHI vs. M/S. BOSE CORPORATION (INDIA) PVT. LTD., NEW DELHI

PDF · subscribers
ITA 1672/DEL/2015Status: DisposedITAT Delhi26 February 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 acknowledged that the tax effect was below the revised monetary limit and that the CBDT circular was applicable to pending appeals. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee pointed out that the tax effect involved in the appeal was below Rs. 50 Lacs, which is the revised monetary limit for filing appeals by the Revenue as per CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect and the applicability of the revised CBDT monetary limit for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘I-1’: NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI R.K.PANDA

Hearing: 26.02.2020Pronounced: 26.02.2020

The appeal filed by Revenue is directed against the order dated 28.01.2015 passed by the Assessing Officer u/s 143(3) r.w.s 144C(5) of the Income tax Act, 1961 r.w. Rule 13 of DRP Rules 2009 for the assessment year 2010-11.

2.

Ld. Counsel for the assessee at the outset, pointed out that the tax effect involved in the grounds raised by the Revenue is below Rs.50 Lacs.

Therefore, in view of the latest CBDT Circular No.17/2019 dated 08.08.2019, raising the monetary limit to Rs.50 Lacs for filing appeal by the Revenue which is even applicable to all pending appeals, the appeal filed by the Revenue is not maintainable and has to be dismissed.

ITA No:- 1672/Del/2015 (Assessment Year: 2010-11)

3.

Ld.DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is below Rs.50 Lacs.

4.

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 Instruction 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.

5.

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.

6.

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08.08.2019 and subsequent instruction dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

7.

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

Order pronounced in the open Court on 26th February, 2020.

More judgments on Section 144C(5)

All 865 judgments and leading authorities on Section 144C(5) →

Recent GST High Court judgments

Search GST case law →