ACIT, NEW DELHI vs. M/S. SIDH AUTOMOBILES LTD., NEW DELHI

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ITA 110/DEL/2016Status: DisposedITAT Delhi26 November 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 held that the appeal was not maintainable due to the low tax effect, as per the CBDT circulars. The Revenue was permitted to approach the Tribunal for re-institution if exceptions applied.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed under Section 271D of the Income-tax Act. The tax effect involved in the case was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

Maintainability of appeal before the Tribunal due to low tax effect and applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 271D

AI-generated summary — verify with the full judgment below

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

Before: MS. SUSHMA CHOWLA & SH.O.P.KANT

For Appellant: Smt. Deepali Chandra, CIT DR
Hearing: 26.11.2019Pronounced: 26.11.2019

आदेश / ORDER आदेश आदेश आदेश

PER SUSHMA CHOWLA, JM:

1.

The appeal filed by Revenue is against order of CIT(A)-29, New Delhi dated 16.10.2015 relating to assessment year 2011-12 passed under section 271D of the Income-tax Act, 1961 (in short “Act”).

2.

Despite service of notice, none appeared on behalf of the assessee.

3.

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 DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

4.

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.

5.

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.

6.

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.

7.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 26th day of November, 2019.

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