DCIT, CENTRAL CIRCLE-31, NEW DELHI vs. SANJAY GUPTA, DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the monetary limit prescribed by CBDT Circular No. 05/2024. As there were no exceptions applicable, the appeal was deemed withdrawn and dismissed.
What were the facts?
The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee contended that the tax effect of the disputed amount was below the monetary limit for filing appeals. The Revenue's counsel accepted this fact.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given that the tax effect is below the prescribed monetary limit for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, DELHI
Before: MS. MADHUMITA ROY & SHRI BRAJESH KUMAR SINGH
The present appeal filed by the revenue is directed against the order dated 22.11.2022 passed by the CIT(A)-30, New Delhi, arising out of the Assessment Order dated 06.04.2021 for A.Y. 2019-20 u/s 143 of the Act.
At the outset, learned counsel appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue in the present appeal is below the monetary limit of Rs.60,00,000/-. Hence, appeal is not maintainable.
Learned Departmental Representative fairly accepted the aforesaid factual position. However, he submitted, liberty may be granted to Revenue to revive the appeal, in case, subsequently it is found that the tax effect on the amount disputed is more than Rs. 60,00,000/- or the appeal is covered by any of the exceptions provided to the tax effect circular.
We have considered the rival submissions and perused the materials on record. After perusing the respective orders of the departmental authorities and the facts mentioned in the memorandum of appeal filed in Form No. 36, we find that the tax effect on the amount disputed by the Revenue in the present appeal is below the monetary limit of Rs.60,00,000/- fixed in CBDT Circular no. 05/2024 dated 15.03.2024 for filing an appeal before the Tribunal. There is nothing on record to suggest that the appeal of Revenue is protected by any of the exceptions to the aforesaid circular. Thus, in our view, the present appeal is covered under CBDT Circular no. 05/2024 dated 15.03.2024. Accordingly, the appeal is deemed to have been withdrawn, hence, dismissed. However, liberty is granted to the Revenue to seek revival of the appeal is protected under any of the exceptions provided to the Circular noted above.
The appeal of the revenue is dismissed as low tax involved.
Order pronounced in the open Court on 02.01.2024
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