ACIT, NEW DELHI vs. M/S. HINDI GLOBE LINKS, DELHI

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ITA 579/DEL/2016Status: DisposedITAT Delhi04 December 2019AY 2011-123 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 noted that CBDT circulars revised the monetary limit for appeals, making the current appeal not maintainable due to low tax effect. The Revenue was granted liberty to approach for re-institution if exceptions applied.

What were the facts?

The Revenue filed an appeal before the ITAT. However, the Revenue's representative pointed out that the tax effect was below the revised monetary limit for filing appeals.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the revised monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

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

For Appellant: DR ूयथ क ओर से /
Hearing: 04.12.2019Pronounced: 04.12.2019

आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM: The appeal filed by Revenue is against order of CIT(A)- 16, New Delhi dated 05.11.2015 relating to assessment year 2011-12.

2.

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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.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 04th day of December, 2019.

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