What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This decision was based on a CBDT Circular revising the monetary limit for filing appeals before the ITAT to Rs. 20 lakhs. The Circular also allowed for retrospective withdrawal of pending appeals below this limit.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2009-10. The appeal was filed by the Revenue. The assessee was M/s. Sahara India Medical Institute Ltd.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to a revised monetary limit for filing appeals as per a CBDT Circular. The circular stipulated a minimum tax effect of Rs. 20 lakhs for appeals to the ITAT.

ACIT vs M/S. Sahara India Medical… | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH. LALIET KUMAR

For Appellant: CA Sh. Dinesh Verma, Advocate

For Respondent: CA Sh. Dinesh Verma, Advocate

Hearing: 24.07.2019Pronounced: 24.07.2019

ORDER PER: N. K. BILLAIYA, AM

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals]-1, New Delhi, dated 22.10.2013 for Assessment Year 2009-10.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No.3/2018 dated 11.07.2018 by which Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs.20 lakhs. The Board at Clause 13 of the said Circular has clarified as under :-

“This Circular will apply to SLPs/ appeals/ cross objections/ references to be filed henceforth in Supreme Court/ High Court/ Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/ not pressed.” However, it is observed that in case on re-verification at the end of the Assessing Officer it can be demonstrated that the tax effect is more, or Revenue’s case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order relatable to such cases. Such application should be filed within the time period prescribed in the Act.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 24.07.2019.

Sd/- Sd/- (LALIET KUMAR) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 24.07.2019 *Neha* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR ITAT NEW DELHI

Date of dictation 24.07.2019

Date on which the typed draft is placed before the 24.07.2019 dictating Member Date on which the typed draft is placed before the 24.07.2019 Other Member

Date on which the approved draft comes to the Sr. 24.07.2019 PS/PS

Date on which the fair order is placed before the 24.07.2019 Dictating Member for pronouncement 24.07.2019 Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the 24.07.2019 website of ITAT

Date on which the file goes to the Bench Clerk

Date on which the file goes to the Head Clerk

ACIT, NEW DELHI vs. M/S. SAHARA INDIA MEDICAL INSTITUTE LTD., LUCKNOW

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments