ACIT, NEW DELHI vs. M/S. BECON CONSTRUCTION PVT. LTD., NEW DELHI

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ITA 4665/DEL/2016Status: DisposedITAT Delhi28 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 due to low tax effect as per the CBDT circular. Consequently, the assessee's cross-objection became infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The appeal was filed despite a CBDT circular stating that appeals should not be filed if the tax effect is below Rs. 50 lacs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G”: NEW DELHI

Before: SHRI AMIT SHUKLA & DR. B.R.R. KUMAR

For Appellant: Dr. Shashwat Bajpai Adv
For Respondent: Shri S.S. Rana, CIT(DR), Dr. Shashwat Bajpai Adv
Hearing: 27/08/2019

The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-24, New Delhi dated 28.06.2016.

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.

As regards to the Cross Objection filed by the assessee is concerned, since we have already dismissed the appeal of the revenue as aforesaid on account of low tax effect. Therefore, the Cross Objections filed by the assessee has become infructuous and dismissed.

5.

In the result, the appeal of the Revenue and CO of the assessee is dismissed. (Order Pronounced in the Open Court on 28/08/2019).

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