ITO, NEW DELHI vs. SHRI AVNISH KUMAR YADAV, NEW DELHI

PDF · subscribers
ITA 4626/DEL/2016Status: DisposedITAT Delhi04 September 2019AY 2012-133 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, in light of the CBDT Circular No. 17/2019, decided to dismiss the revenue's appeal. The circular allows for the dismissal of pending appeals where the tax effect is below the prescribed monetary limit.

What were the facts?

The revenue filed an appeal before the ITAT. The tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals. The CBDT circular clarified its applicability to pending appeals.

What were the issues?

Whether the revenue's appeal should be dismissed based on the CBDT's monetary limit for appeals and its applicability to pending cases.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,

Before: SHRI N.K. BILLAIYA & MS. SUCHITRA KAMBLE

Hearing: 04.09.2019Pronounced: 04.09.2019

PER N. K. BILLAIYA, AM:

1.

The above captioned appeal by the revenue is taken up as in this appeal the tax effect is less than the monetary limit fixed by the CBDT in its circular No.17/2019 dated 08.08.2019.

2.

Vide letter dated 20.08.2019 addressed to all the Principal Chief Commissioners of Income Tax, the board has clarified that circular No.17/2019 is applicable to all pending appeals.

3.

In the light of the CBDT Circular No.17/2019 the above appeal by the revenue is dismissed.

4.

In the result, the appeal filed by the Revenue stand dismissed.

The order is pronounced in the open court on 04.09.2019.

Recent GST High Court judgments

Search GST case law →