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Facts
The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2011-12. The appeal involved a tax effect that was admittedly less than Rs. 50 lakhs. The issue was whether this appeal was maintainable before the ITAT.
Held
The Tribunal held that, in accordance with CBDT Circular No. 17/2019, departmental appeals are not to be filed before the ITAT if the tax effect does not exceed Rs. 50 lakhs. Since the tax effect in the present appeal was below this monetary limit and no exceptions were shown, the appeal was deemed not maintainable.
Key Issues
Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT Circular No. 17/2019.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI
Before: Dr. B. R. R. KumarSh. Yogesh Kumar US
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the Revenue against the order of ld. CIT(A)-14, New Delhi dated 15.09.2020.
According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.
2 Renu Aggarwal 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.
In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 18/01/2024.