ACIT, NEW DELHI vs. M/S. INTERGLOBE HOTELS PVT. LTD., NEW DELHI

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ITA 1773/DEL/2017Status: DisposedITAT Delhi26 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 held that the appeal was not maintainable as per the CBDT Circular No. 17/2019, which enhanced the monetary limit for filing appeals to the Tribunal. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against the deletion of disallowance made under Section 14A. The tax effect involved in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C” New Delhi

Before: SHRI N.K. BILLAIYA & MS. SUCHITRA KAMBLE

Hearing: 26.11.2019

आदेश /O R D E R

PER N.K. BILLAIYA, A.M. 1. This appeal filed by the Revenue against the impugned order dated 09.01.2017 passed by the Ld. CIT(Appeals)-4, New Delhi in relation to assessment year 2012-13 on the following grounds: 1. “On the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in deleting the disallowance of Rs. 82,30,828/- made u/s 14A of the Income Tax Act, 1961 read with Rule 8D(2)(ii) of the Income Tax Rules, 1962.

ACIT vs. Interglobe Hotels P. Ltd./ I.T.A.No.1773/Del/2017/A.Y.2012-13 Page 2 of 3

1.

2. The appellant craves leave for reserving the right to amend, modify, add or forego any ground(s) of appeal at any time before or during the hearing of appeal.”

2.

We have heard the learned CIT (D.R.), who has pointed out the tax effect involved in this appeal, is below monetary limit prescribed by the CBDT. We find that the CBDT vide Circular No.17/2019 dated 8th August 2019 [F.No.279/ Misc.142/ 2007-ITJ (Pt)] by amending para 3 of CBDT Circular No.3/2018 dated 11.07.2018 has enhanced the monetary limit for filing of appeal before Tribunal to Rs.50 lakhs and has also removed the anomaly in para 5 of said Circular No. 3/2018. We find that the present case does not fall within the exceptions clause 10 of said CBDT Circular No. 3/2018. Therefore, the present appeal is not maintainable as

per above Circular No. 17/2019, hence dismissed. This Circular is applicable to all pending appeals as clarified by CBDT letter dated 20.08.2019 [F. No. 279/Misc./M-93/2018-ITJ] and in the light of judgment of Hon`ble Supreme Court in the case of Pr. CIT, Jaipur v.

Meenakshi Modi SLP (Civil) Diary No. 25076 of 2019-dated 16.08.2019 wherein the Hon`ble Supreme Court has dismissed the appeal of Revenue, as tax involved was less than Rs. 2 Crores. However, the Revenue is at liberty to approach to this Tribunal for recalling this order, if it is comes to the notice of the AO that the tax effect is more than the monetary limit provided under above Circular or the appeals is fall within ambit of the exceptions provided under the said Circular.

ACIT vs. Interglobe Hotels P. Ltd./ I.T.A.No.1773/Del/2017/A.Y.2012-13 Page 3 of 3

3.

In the result, the appeal of the Revenue is stands dismissed.

The order pronounced in the open court on 26.11.2019

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