What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as per the revised monetary limits for filing appeals set by CBDT circulars. Consequently, the appeal was dismissed.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2012-13. The Revenue's counsel pointed out that the appeal was to be withdrawn due to a low tax effect.

What were the issues?

The maintainability of the appeal before the Tribunal due to the low tax effect, in light of revised CBDT circulars on monetary limits for appeals.

Addl. CIT, New Delhi vs M/S. Sona Blw Precision Forgings… | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCH ‘I-2’, NEW DELHI

Before: MS. SUSHMA CHOWLA & DR. B.R.R.KUMAR

For Respondent: Ms. Aditi Jain, CA

Hearing: 30.10.2019Pronounced: 30.10.2019

आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM: The appeal filed by Revenue is against order of CIT(A)-44, New Delhi, dated 17.01.2017 relating to assessment year 2012-13 passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

ITA No:3253/Del/2017 Assessment Year: 2012-13 2. However, Ld. DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

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, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

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

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 30th day of October, 2019.

ADDL. CIT, NEW DELHI vs. M/S. SONA BLW PRECISION FORGINGS LTD., NEW DELHI

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