ACIT, CIRCLE- 13(2), NEW DELHI vs. JBM AUTO LTD., NEW DELHI

PDF · subscribers
ITA 4289/DEL/2017Status: DisposedITAT Delhi31 October 2019AY 2011-124 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 appeals were not maintainable in light of the revised monetary limits for filing appeals as per CBDT Circular No. 17/2019. The Revenue was granted liberty to approach the Tribunal for re-institution if exceptions applied.

What were the facts?

The Revenue filed appeals before the ITAT, which were listed due to low tax effect. The Revenue's counsel pointed out that the appeals were to be withdrawn as the tax effect was below Rs. 50 Lacs.

What were the issues?

Maintainability of Revenue's appeals before the ITAT due to low tax effect in light of revised CBDT monetary limits.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: MS. SUSHMA CHOWLA & SHRI PRASHANT MAHARISHI

For Appellant: DR ूयथ क ओर से /
For Respondent: CA Sl.No.10-Ms. Riya Garg, CA, Adv. Sl.No.34, 38, 117-Sh. Sidharath Kanwar, Adv, Ms. Deepika Agarwal, Adv, Adv. Sl.No.50-Ms. Ragni Handa, CA, CA Sl.No.63-Ms. Umang Luthra, Adv, CA Sl.No.78-Ms. Rinki Sharma, AR, CA Sl.No.91 & 123-Ms. Mansi Jain, CA, CA Sl.No.83-Sh. Satya Ahuja, CA, Adv. Sl.No.85-Sh. Aarush Nagpal, CA, Ms. Subhangi Arora, CA
Hearing: 31.10.2019Pronounced: 31.10.2019

आदेश / ORDER आदेश आदेश आदेश

PER SUSHMA CHOWLA, JM: The present bunch of appeals filed by the Revenue are against the separate orders of different CIT(A), New Delhi, relating to different Assessment Years [as mentioned in Annexure “A”] passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2.

The captioned appeals have been listed by Registry before the Bench on the ground that they involve low tax effect.

3.

The Ld. DR for the Revenue fairly pointed out that the present appeals are to be withdrawn as the tax effect involved in the appeals is below Rs.50 Lacs.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.

1.

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 appeals filed by the Revenue in case of low tax effect are not maintainable.

5.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of any of the appeal/s, if the requisite material is brought to show that the appeal/s are 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 letter dated 20.08.2019 (supra), the captioned appeals of the Revenue are dismissed as withdrawn/not pressed.

7.

The Cross objection Nos. 206/Del/2017 & 204/Del/2017 become academic and hence, dismissed.

8.

In the result, all the appeals of Revenue and both cross-objections of assessee are dismissed.

Order pronounced in the open court on 31st day of October, 2019.

Recent GST High Court judgments

Search GST case law →