DCIT, NEW DELHI vs. M/S C-1, INDIA P. LTD., NEW DELHI

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ITA 1273/DEL/2013Status: DisposedITAT Delhi03 October 2019AY 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The Tribunal dismissed the appeals as withdrawn/not pressed. This was based on the Revenue's submission that the tax effect was below the revised monetary limit for filing appeals, as per CBDT Circulars.

What were the facts?

The Revenue filed four appeals before the ITAT against orders related to assessment years 2007-08, 2008-09, and 2009-10. The appeals were filed against orders passed under Section 271(1)(c) and Section 143(3) of the Income-tax Act.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 271(1)(c),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 B.R.R. KUMAR

For Appellant: Ms. Nidhi Srivastava, CIT DR
Hearing: 03.10.2019Pronounced: 03.10.2019

आदेश आदेश / ORDER आदेश आदेश

PER SUSHMA CHOWLA, JM: All these four appeals filed by Revenue are against the separate orders of CIT(A)-I, New Delhi, dated 17.11.2014, 17.11.2014, 06.12.2012 & 06.12.2012 relating to Assessment Years 2007-08, 2008-09, 2009-10 & 2007-08 against the order passed under section 271(1)(c) & u/s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’) respectively.

2.

The Ld. DR for the Revenue pointed out that these appeals are to be withdrawn as the tax effect involved in the cases is below Rs.50 Lacs.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, all these appeals filed by the Revenue in case of low tax effect are not maintainable.

4.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeals, if the requisite material is brought to show that the appeals are protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

आयकर अपील सं. / ITA No:- 416 & 417/Del/2015 & 1273 & 1274/Del/2013

5.

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.

6.

In the result, these four appeals filed by the Revenue are dismissed. Order pronounced in the open court on 03rd day of October, 2019.

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