ACIT CIRCLE INTL. TAXATION 2(2)(1), NEW DELHI vs. LUXURY HOTELS INTERNATIONAL OF HONG KONG LIMITED, HONG KONG

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ITA 2402/DEL/2023Status: DisposedITAT Delhi07 May 2024AY 2021-22Bench: SHRI SAKTIJIT DEY, HON’BLE (Vice President), DR. B.R.R. KUMAR (Accountant Member)2 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 observed that the tax effect on the disputed amount was below the monetary limit of Rs. 50 lakhs. In light of CBDT Circular No. 17 of 2019, and with the concurrence of the Departmental Representative, the appeal was deemed withdrawn and accordingly dismissed.

What were the facts?

The Revenue filed an appeal against the order of the Commissioner of Income Tax (Appeals) for Assessment Year 2021-22. The assessee's counsel contended that the tax effect involved in the appeal was below Rs. 50 lakhs, rendering it non-maintainable as per CBDT guidelines.

What were the issues?

Whether the Revenue's appeal is maintainable if the tax effect on the disputed amount is below the monetary limit specified by CBDT Circular No. 17 of 2019.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY, HON’BLE VICE- & DR. B.R.R. KUMAR

For Appellant: CA Sh. Vishal, CA
Hearing: 07.05.2024Pronounced: 07.05.2024

PER SAKTIJIT DEY, VICE-PRESIDENT

1.

Captioned appeal by the Revenue arises out of order dated 17.05.2023 of learned Commissioner of Income Tax (Appeals) pertaining to assessment year 2021-22.

2.

When the matter was called out, learned counsel appearing for the assessee, at the very outset, submitted that the tax effect on the amount disputed by the Revenue in the present appeal is below the monetary limit of Rs.50 lakhs. Thus, he submitted that in terms of CBDT Circular No. 17 of 2019, dated 8th August, 2019 issued by Central Board of Direct Taxes (CBDT), the appeal is not maintainable.

3.

On a query from the Bench, learned Departmental Representative fairly submitted that the tax effect on the amount disputed in the present appeal is below the monetary limit of Rs.50 lakhs.

4.

In view of the aforesaid, the appeal is deemed to have been withdrawn, hence, dismissed.

Order pronounced in the open court on 7th May, 2024

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