ACIT CIRCLE-57(1), NEW DELHI vs. PARAS SHARMA, NEW DELHI

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ITA 2006/DEL/2019Status: DisposedITAT Delhi28 August 2019AY 2010-112 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 appeal filed by the Revenue was not maintainable due to the revised monetary limit for filing appeals as per CBDT Circular No. 17/2019. The circular, applicable to pending appeals, raised the threshold to Rs. 50 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2010-11. The tax effect involved in the appeal was below Rs. 50 lakhs.

What were the issues?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : B : NEW DELHI

Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE

For Respondent: Ms Naina Soin Kapil, Sr. DR
Hearing: 23.08.2019Pronounced: 28.08.2019

(Appellant) (Respondent) Assessee by : None Revenue by : Ms Naina Soin Kapil, Sr. DR Date of Hearing : 23.08.2019 Date of Pronouncement : 28.08.2019 ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the Revenue is directed against the order dated 17.12.2018 of the CIT(A)-19, New Delhi, relating to assessment year 2010-11.

2.

None appeared on behalf of the assessee. Since the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs, therefore, this appeal was taken for hearing.

3.

A perusal of the record shows that tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. The CBDT, vide Circular No.17/2019 dated 8th August, 2019 has raised the monetary limit for filing of appeal by the Revenue before the Tribunal to Rs.50 lakhs. Vide Notification dated 20th August, 2019 it has been clarified that the revised monetary limit so mentioned in the Circular No.17/2019 is applicable even to pending appeals. Since, in the instant case, admittedly, the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs, therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification by the CBDT on 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

4.

In the result, the appeal filed by the Revenue is dismissed. The decision was pronounced in the open court on 28.08.2019.

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