DCIT, CIRCLE- 12(1), NEW DELHI vs. INDIAN SUGAR EXIM CORPORATION LTD., NEW DELHI

PDF · subscribers
ITA 4291/DEL/2017Status: DisposedITAT Delhi29 November 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 noted that the CBDT Circular No. 17/2019 revised the monetary limit for filing appeals to Rs. 50 Lacs and this applied to pending appeals. Therefore, the appeal was not maintainable due to low tax effect.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for Assessment Year 2012-13. The Revenue sought to withdraw the appeal as the tax effect was below the revised monetary limit set by the CBDT.

What were the issues?

Maintainability of an appeal before the Tribunal when the tax effect is below the revised monetary limit prescribed by CBDT circulars.

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

Before: MS. SUSHMA CHOWLA & SHRI R.K. PANDA

For Appellant: Ms. Ashima Neb, Sr. DR
Hearing: 25.11.2019Pronounced: 29.11.2019

आदेश / ORDER आदेश आदेश आदेश

PER SUSHMA CHOWLA, JM:

1.

The present appeal filed by Revenue is against order of CIT(A)-39, New Delhi, dated 06.03.2017 relating to Assessment Year 2012-13 against the order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

आयकर अपील सं. / ITA No:- 4291/Del/2017

2.

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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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 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 filed by the Revenue is dismissed.

Order pronounced in the open court on 29th day of November, 2019.

Sd/- Sd/- (R.K. PANDA) (SUSHMA CHOWLA) लेखा सदःय लेखा सदःय/ACCOUNTANT MEMBER �याियक सदःय लेखा सदःय लेखा सदःय �याियक सदःय �याियक सदःय/JUDICIAL MEMBER �याियक सदःय �द�ली �द�ली / �दनांक Dated : 29th November, 2019 �द�ली �द�ली SH

आयकर अपील सं. / ITA No:- 4291/Del/2017

Recent GST High Court judgments

Search GST case law →