Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SHRI R.K. PANDA & SHRI SUDHANSHU SRIVASTAVA
ORDER PER SHRI R.K. PANDA, A.M.
This appeal filed by the Revenue is directed against the order dated 31.12.2015 of the Ld. CIT(Appeals)-25, New Delhi relating to AY 2005-06.
The Ld. Counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs. 50 lakhs. Therefore, in view of the CBDT Circular No. 17/2019 dated 8th August, 2019, the appeal filed by the Revenue is not maintainable.
The Ld. DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is below Rs. 50 lakhs.
We have considered the rival arguments made by both the sides. Admittedly, the tax effect involved in the grounds raised by the Revenue is below Rs. 50 lakhs. Therefore, in view of CBDT Circular No. 17/2019 dated 8th August, 2019 raising the monetary limit for filing of appeals by the Revenue before the Tribunal to Rs. 50 lakhs the appeal filed by the Revenue is not maintainable. It has further been clarified by the CBDT vide notification dated 20th August, 2019 that the said Circular is applicable to pending appeals also. Since, the tax effect involved in the grounds raised by the Revenue is admittedly below Rs. 50 lakhs, therefore, the appeal filed by the Revenue is not maintainable in view of the CBDT Circular cited (supra). Accordingly, the same is dismissed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the open Court at the time of hearing itself i.e. on 21.10.2019.