What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 17/2019. This circular applies to pending appeals as well.

The Revenue filed an appeal against an order for Assessment Year 2010-11. The total disputed amount was Rs. 1,25,55,768/-, with a tax effect of Rs. 38,79,732/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the monetary limit set by CBDT circulars for appeals.

DCIT vs M/S Quippo Energy (P) Ltd., New… | ITAT Delhi 2020

Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI

Before: SHRI G.S. PANNU & SHRI AMIT SHUKLA

For Appellant: Shri Surender Pal, Sr.DR

For Respondent: Ms. Alka Arren, FCA

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 10.01.2017 passed by Commissioner of Income Tax (Appeals)-VII, New Delhi for the Assessment Year 2010-11.

Before us, ld. counsel for the assessee submitted that the total disputed amount as raised in the Revenue’s appeal amounting to Rs.1,25,55,768/- on which the total tax effect is Rs.38,79,732/- which is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable.

Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non-maintainable as the tax effect is below Rs.50 lakhs.

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

Order pronounced in the open Court on 20th January, 2020.

DCIT, NEW DELHI vs. M/S QUIPPO ENERGY (P) LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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