ACIT, NEW DELHI vs. M/S. TODAY HOMES & INFRASTRUCTURE PVT. LTD., NEW DELHI

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ITA 4803/DEL/2016Status: DisposedITAT Delhi26 August 2019AY 2011-122 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 Revenue's appeal was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 17/2019. The Ld. DR could not provide any exceptions to this circular.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee is M/s Today Homes & Infrastructure Pvt. Ltd. The appeal was filed for the assessment year 2011-12.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES ‘G’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 22.08.2019Pronounced: 26.08.2019

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘G’, NEW DELHI Before Sh. Amit Shukla, Judicial Member Dr. B. R. R. Kumar, Accountant Member Asstt. Year : 2011-12 Asstt. Commissioner of Income- Vs M/s Today Homes & Infrastructure Pvt. Ltd., 8th Tax, Central Circle-31, New Delhi Floor, Stateman House, 148, Barakhamba Road, New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AABCS7666Q Assessee by : None Revenue by : Sh. N. K. Bansal, Sr. DR Date of Hearing: 22.08.2019 Date of Pronouncement: 26.08.2019 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)-30, New Delhi dated 20.06.2016.

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.

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 26/08/2019).

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