ITO, NEW DELHI vs. SHRI GAGANDEEP SINGH WALIA, NEW DELHI

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ITA 5582/DEL/2016Status: PendingITAT Delhi11 December 2019AY 2012-133 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The Tribunal dismissed the Revenue's appeal as withdrawn, as the tax effect was below the revised monetary limit for appeals. Consequently, the assessee's cross objections were also dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2012-13. The assessee also filed cross objections. The Revenue sought to withdraw its appeal due to low tax effect, citing a CBDT circular.

What were the issues?

Maintainability of appeal due to low tax effect and withdrawal of cross objections.

Which sections of the Income-tax Act were involved?

Section 143(3)

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: 11.12.2019Pronounced: 11.12.2019

आदेश आदेश / ORDER आदेश आदेश

PER SUSHMA CHOWLA, JM: The present appeal filed by Revenue is against order of CIT(A)-17, New Delhi, dated 12.08.2016 relating to Assessment Year 2012-13 against the order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2.

The assessee has filed cross objections against the order passed by the Revenue.

1.

3. Both the appeal filed by the Revenue and the cross objections filed by the assessee were heard together and are being disposed of by this consolidated order for the sake of convenience.

4. The 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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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 आयकर अपील सं. / ITA No:- 5582/Del/2016 ू�या�ेप सं. /CO No:- 348/Del/2016 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.

The assessee, in view of disposal of Revenue’s appeal has withdrawn his cross objections. Hence the same are dismissed as withdrawn.

7.

In the result, appeal of the Revenue and the Cross Objections filed by the assessee are dismissed.

Order pronounced in the open court on 11th day of December, 2019.

Sd/- Sd/- (N.K. BILLAIYA) (SUSHMA CHOWLA) लेखा सदःय लेखा सदःय/ACCOUNTANT MEMBER �याियक सदःय लेखा सदःय लेखा सदःय �याियक सदःय �याियक सदःय/JUDICIAL MEMBER �याियक सदःय �द�ली / �दनांक Dated : 11th December, 2019 �द�ली �द�ली �द�ली SH आदेश क� ूितिल�प अमे�षत/Copy of the Order is forwarded to: 1. अपीलाथ� / The Appellant; 2. ू�यथ� / The Respondent; 3. मु�य आयु�/ The Pr. CIT �वभागीय ूितिनिध, आयकर अपीलीय अिधकरण, �द�ली / DR, ITAT, Delhi 4. 5. गाड� फाईल / Guard file.

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