ACIT, NEW DELHI vs. M/S METRO ORTEM LTD., NEW DELHI

PDF · subscribers
ITA 5985/DEL/2016Status: DisposedITAT Delhi16 October 2019AY 2013-143 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Revenue wished to withdraw the appeal as the tax effect was below the revised monetary limit set by CBDT. The appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed under section 143(3). The appeal was filed for assessment year 2013-14.

What were the issues?

Maintainability of appeal before the Tribunal due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: MS. SUSHMA CHOWLA & SHRI ANADEE NATH MISSHRA

For Appellant: Ms. Rakhi Vimal, Sr.DR
For Respondent: Adv
Hearing: 16.10.2019Pronounced: 16.10.2019

आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM: The appeal filed by Revenue is against order of CIT(A)-24, New Delhi, dated 28.09.2016 relating to assessment year 2013-14 against the order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2.

However, the 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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.

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.

4.

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.

5.

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Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 16th day of October, 2019.

Recent GST High Court judgments

Search GST case law →