ACIT, NEW DELHI vs. SH. VISHESH GUPTA, NEW DELHI

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ITA 1224/DEL/2014Status: DisposedITAT Delhi01 September 2017AY 2006-073 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 dismissed the Revenue's appeals. This decision was based on the CBDT Circular No. 17/2019, which directs the Revenue not to prefer appeals where the tax effect is less than Rs. 50,00,000.

What were the facts?

The Revenue filed appeals against the assessee for assessment years 2006-07, 2007-08, and 2010-11. The appeals were initially dismissed due to low tax effect, but the dismissal order was recalled. The Revenue then conceded that the appeals had a low tax effect.

What were the issues?

Whether the Revenue's appeals should be dismissed on the grounds of low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘FRIDAY/E’’ : NEW DELHI

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

Upon the applications moved by the Revenue under section 254(2) of the Income-tax Act, 1961, order dated 01/09/2017 passed by the Bench in 1225 & 1228/Del/2014 dismissing the appeal on account of low tax effect in view of the CBDT Circular No.21/2015 dated 10.12.2015 is hereby recalled and the appeals are heard on 15.11.2019 for disposal. , 1225 & 1228/Del/2014 (Ayrs. 2006-07, 2007-08 & 2010-11)

2.

The Appellant, Assistant Commissioner of Income Tax, Circle-X, New Delhi (hereinafter referred to as ‘the revenue’) by filing the present appeals sought to set aside the impugned order dated 12/12/2013 passed by the Ld. Commissioner of Income-tax (Appeals)-XXXII, New Delhi qua the assessment year 2006-07, 2007-08 & 2010-11.

3.

Perusal of the aforesaid appeals filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.17/2019 dated 8th August, 2019 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the Ld. D.R. The Ld. A.R. contended that the appeal of the Revenue may be dismissed in the light of CBDT Circular (supra). 4. Keeping in view of the above facts and circumstances of the case and in view of the Instructions of CBDT circulated vide Circular No.17/2019 Dated 08.08.2019, all the 03 Revenue Appeals stand dismissed. 5. In the result, all the 03 Revenue Appeals stand dismissed. Order pronounced on this 19th day of November, 2019.

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