DCIT, NEW DELHI vs. M/S GLOBAL GREEN COMPANY LTD., NEW DELHI

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ITA 941/DEL/2017Status: DisposedITAT Delhi01 January 2020AY 2009-103 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The Tribunal dismissed the appeal as withdrawn/not pressed. This was based on the revised monetary limit for filing appeals before the Tribunal as per CBDT Circular No. 17/2019.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The tax effect involved in the case was below Rs. 50 Lacs.

What were the issues?

The maintainability of the appeal before the Tribunal due to the low tax effect, in light of the revised CBDT monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

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

For Respondent: CA 01.01.2020
Pronounced: 01.01.2020

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER:

1.

This appeal has been preferred by the Revenue against the order dated 28.12.2016 passed by the learned CIT(Appeals)-37, New Delhi {CIT(A)} and pertains to Assessment Year 2009-10.

2.

However, learned DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

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Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.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

Order pronounced in the Open Court on 01/01/2020.

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