ACIT, CIRCLE- 10(2), NEW DELHI vs. GYAN ENTERPRISES PVT. LTD., NEW DELHI

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ITA 3897/DEL/2017Status: DisposedITAT Delhi17 December 2019AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as per CBDT Circulars revising the monetary limit for filing appeals. The appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2012-13. The Revenue's counsel pointed out that the appeal was to be withdrawn due to a low tax effect.

What were the issues?

Maintainability of the appeal due to low tax effect in light of revised CBDT monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

For Appellant: DR ूयथ क ओर से /
Hearing: 17.12.2019Pronounced: 17.12.2019

आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM: The appeal filed by Revenue is against order of CIT(A)- 39, New Delhi dated 09.02.2017 relating to assessment year 2012-13.

2.

Despite service of notice, none appeared on behalf of the assessee. However, Ld. DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

5.

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 17th day of December, 2019.

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