ITO, NEW DELHI vs. SH. SUSHANT KAPOOR, NEW DELHI

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ITA 5438/DEL/2016Status: DisposedITAT Delhi29 August 2019AY 2012-132 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 appeal filed by the Revenue was not maintainable as it did not meet the monetary limit prescribed by the CBDT circular. The Revenue could not provide any exceptions to this circular.

What were the facts?

The Revenue filed an appeal before the ITAT. The CBDT issued a circular directing that departmental appeals shall not be filed if the tax effect does not exceed Rs. 50 lacs. The tax effect in this appeal was admittedly less than Rs. 50 lacs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the CBDT's circular on monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES ‘G’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 28.08.2019Pronounced: 29.08.2019

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘G’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member Asstt. Year : 2012-13 Income Tax Officer, V Sushant Kapoor, Ward-50(3), s 63/5, Old Rajinder Nagar, New Delhi New Delhi (APPELLANT) (RESPONDENT) PAN No. CFGPK1183P Assessee by : Sh. Lalit Mohan, Adv. Revenue by : Sh. N. K. Bansal, Sr. DR Date of Hearing: 28.08.2019 Date of Pronouncement: 29.08.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member:

The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-17, New Delhi dated 11.08.2016.

2.

According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

2 Sushant Kapoor 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

4.

In the result, the appeal of the Revenue is dismissed. (Order Pronounced in the Open Court on 29/08/2019).

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