ACIT, NEW DELHI vs. M/S RELIGARE ENTERPRISES LTD., NEW DELHI

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ITA 5192/DEL/2016Status: DisposedITAT Delhi25 February 2020AY 2011-123 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 ITAT noted that the tax effect was below the monetary limit of Rs. 50 lacs as per CBDT Circular No. 17/2019. Consequently, the Revenue did not press the appeal.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT). The tax effect in the departmental appeal was calculated to be Rs. 37,01,873/-.

What were the issues?

Whether the departmental appeal should be pressed given the tax effect and the CBDT circulars regarding monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI O.P.KANT

Hearing: 25.02.2020Pronounced: 25.02.2020

PER BHAVNESH SAINI, JUDICIAL MEMBER:

This appeal by Revenue has been directed against the order of Ld.

CIT (Appeals)-7, New Delhi {CIT(A)} dated 19.07.2016 for the Assessment Year: 2011-12.

2.

We have heard the Ld. Representatives of both the parties.

1.

3 Vide Circular No.3/2018 dated 11th July, 2018 issued by CBDT u/s 268 A of the I.T. Act, it has been directed that a Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lacs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below specified tax limit may be withdrawn/not pressed. Vide circular No.17/2019 dated 8th August, 2019 the monetary limit of Rs.20 lacs in the Departmental Appeal have been enhanced to 50 lacs. All others conditions of the earlier Circular would apply accordingly.

4.

The Ld. DR filed a calculation of AO (DCIT, Circle-21(II)) in writing intimating therein that the total tax effect in the Departmental Appeal is Rs.37,01,873/-. The Ld. DR therefore submitted that the tax effect in the Departmental Appeal is below Rs.50 lacs. The Ld. DR in view of the Board Circular above do not press the Departmental Appeal. The case of the Department would not fall in the exception provided in the above Board Circular. The Departmental Appeal is accordingly dismissed as withdrawn.

5.

In the final result, the Departmental Appeal is dismissed as withdrawn.

Order pronounced in the Open Court on 25/02/2020.

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