ITO, NEW DELHI vs. M/S. KEI INDUSTRIES LTD., NEW DELHI

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ITA 3564/DEL/2015Status: DisposedITAT Delhi21 October 2019AY 2011-123 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 noted that the Revenue did not press the appeal in view of the CBDT circulars. The appeal was deemed not maintainable as it was filed against the Board's instructions.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 50 lakhs, which was the enhanced monetary limit for departmental appeals as per CBDT Circular No. 17/2019.

What were the issues?

Whether the departmental appeal is maintainable when the tax effect is below the prescribed monetary limit set by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “D”: DELHI

Before: SHRI BHAVNESH SAINI & SHRI B.R.R. KUMAR

Hearing: 21.10.2019Pronounced: 21.10.2019

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “D”: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.No.3564/Del./2015 Assessment Year 2011-2012 M/s. KEI Industries Ltd., The Income Tax Officer, D-90, Okhla Industrial Ward-14(3), vs., Area, Phase-I, New Delhi. Room No.305, C.R. PAN AAACK0251C Building, New Delhi. (Appellant) (Respondent) For Revenue : Shri Satish Kumar Gupta, Sr. D.R. For Assessee : Shri Satyen Sethi, And Shri A.T. Panda, Advocates. Date of Hearing : 21.10.2019 Date of Pronouncement : 21.10.2019 ORDER PER BHAVNESH SAINI, J.M.

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-V, New Delhi, Dated 30.03.2015, for the A.Y. 2011-2012.

2.

Admittedly, the tax effect in the Departmental Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018

2 ITA.No.3564/Del./2015 M/s. KEI Industries Ltd., New Delhi. Dated 11th July, 2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax limit may be withdrawn/not pressed by the Department. The CBDT Vide Circular No.17/2019 Dated 08.08.2019 amended the earlier Circular No.3/2018 (supra) whereby it has been directed that monetary limit for filing the Departmental appeal in Income Tax Cases may be enhanced further through this amendment in para-3 of the Circular mentioned above and accordingly, the monetary limit for filing the appeal before the Appellate Tribunal have been enhanced to Rs.50 lakhs. Since Circular No.17/2019 Dated 08.08.2019 have been issued to amend its earlier Circular No.3/2018 (supra), therefore, all the conditions of earlier Circular No.3/2018 shall apply accordingly.

3 ITA.No.3564/Del./2015 M/s. KEI Industries Ltd., New Delhi. 3. The Ld. D.R. in view of the above Board’s Circulars did not press the Departmental Appeal. The case of the Department would not fall in the exceptions provided in the above Board Circulars. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

4.

In the result, appeal of the Department dismissed. Order pronounced in the open Court.

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