ACIT, NEW DELHI vs. M/S. PEARLS BUILDWELL INFRASTRUCTURE LTD., NEW DELHI

ITA 6088/DEL/2016Status: DisposedITAT Delhi14 November 2019AY 2013-142 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 was not maintainable as per the revised CBDT circulars which enhanced the monetary limit for filing appeals to Rs. 50 lakhs. The present case did not fall within any exceptions.

What were the facts?

The Revenue filed an appeal before the ITAT. The Revenue's counsel pointed out that the tax effect involved in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: MS. SUCHITRA KAMBLEANDSHRI O.P.MEENA

Hearing: 14.11.2019

PER O. P. MEENA,AM:

This appeal filed by the Revenue is directed against the order of learned Commissioner of Income Tax (Appeals)-31, New Delhi, dated28.09.2016 for assessment year 2012-13. 2. We have heard the learned CIT (D.R.), who has pointed out the tax effect involved in this appeal, is below monetary limit prescribed by the CBDT. We find that the CBDT vide Circular No.17/2019 dated 8th August 2019 [F.No.279/ Misc.142/ 2007-ITJ (Pt)] by amending para 3 of CBDT Circular No.3/2018 dated 11.07.2018 has enhanced the monetary limit for filing of appeal before Tribunal to Rs.50 lakhs and has also removed the anomaly in para 5 of said Circular No. 3/2018. We find that the ACIT-CC-27, New Delhi v. Pearls Buildwel Infrastructure Ltd. / I.T.A.No.6088/Del/2016/A.Y.2013-14 present case does not fall within the exceptions clause 10 of said CBDT

Circular No. 3/2018. Therefore, the present appeal is not maintainable as per above Circular No. 17/2019, hence dismissed. This Circular is applicable to all pending appeals as clarified by CBDT letter dated

20.08.

2019 [F. No. 279/Misc./M-93/2018-ITJ] and in the light of judgement of Hon`ble Supreme Court in the case of Pr. CIT, Jaipur v.

Meenakshi Modi SLP (Civil) Diary No. 25076 of 2019-dated 16.08.2019

wherein the Hon`ble Supreme Court has dismissed the appeal of Revenue, as tax involved was less than Rs. 2 Crores. However, the Revenue is at liberty to approach to this Tribunal for recalling this order,

if it is comes to the notice of the AO that the tax effect is more than the monetary limit provided under above Circular or the appeals is fall within

ambit of the exceptions provided under the said Circular.

In the result, the appeal of the Revenue is stands dismissed.

The order pronounced in the open court on 14.11.2019

(SUCHITRA KAMBLE) (O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14th November, 2019/opm Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order

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