DCIT, NEW DELHI vs. M/S JINDAL REALTY LTD., NEW DELHI

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ITA 1002/DEL/2011Status: DisposedITAT Delhi14 October 2019AY 2006-072 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 departmental appeal was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. The Revenue could not provide any exceptions to this rule.

What were the facts?

The Revenue filed an appeal before the ITAT. The CBDT circular mandates that departmental appeals shall not be filed if the tax effect does not exceed Rs. 50 lacs. The tax effect in this case was less than the stipulated limit.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: Sh. Bhavnesh SainiDr. B. R. R. Kumar

Hearing: 14.10.2019Pronounced: 14.10.2019

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Sh. Bhavnesh Saini, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1002/Del./2011 : Asstt. Year : 2006-07 DCIT, Vs Jindal Realty Ltd., Circle-4(1), (formerly known as Duce New Delhi Properties & Services Pvt. Ltd.), Float No. 1104, 11th Floor, 89, Nehru Place, New Delhi-110019 (APPELLANT) (RESPONDENT) PAN No. AACCD2575L Assessee by : None Revenue by : Sh. Deepak Garg, Sr. DR Date of Hearing: 14.10.2019 Date of Pronouncement: 14.10.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member:

The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-XIII, New Delhi dated 24.12.2010.

2.

According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

2 Jindal Realty Ltd. 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

4.

In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 14/10/2019.

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