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Facts
The appeal was filed by the Revenue against an order passed by the Dy. Commissioner of Income Tax. The Ld. Departmental Representative pointed out that the appeal was to be withdrawn due to a low tax effect, below Rs.50 Lacs.
Held
The Tribunal noted that CBDT Circular No.17/2019 revised the monetary limit for filing appeals to Rs.50 Lacs and this was applicable to pending appeals. Therefore, the present appeal with a low tax effect was not maintainable.
Key Issues
Maintainability of the appeal by the Revenue due to low tax effect in light of CBDT Circulars.
Sections Cited
Section 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI
Assessee by Sh. Shailesh Gupta, Adv. Department by Sh. Zafarul Haque Tanweer, CIT-DR Date of Hearing 10/01/2024 Date of Pronouncement 10/01/2024 ORDER
PER M. BALAGANESH AM:
This appeal of the Revenue arises out of the order of the Learned Commissioner of Income Tax (Appeals)-IV, Kanpur,
[hereinafter referred to as ‘Ld. CIT(A)’] in CIT(A)-IV/KNP/11781,
11780, 11779, 11799 & 11798/DCIT-CC/Noida/2016-17 dated
28/02/2019 against the order passed by Dy. Commissioner of Income Tax, Central Circle-7, Noida (hereinafter referred to as the JCIT vs. Anil Mittal ‘Ld. AO’) u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 31/03/2016.
However, Ld. Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.
The CBDT vide Circular No.17/2019 dated 08/08/2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20/08/2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.
Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-10 of the Circular dated 11/07/2018.
JCIT vs. Anil Mittal 5. In conclusion, by applying the CBDT Circular dated 08/08/2019 and letter dated 20/08/2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.
In the result, the appeal of the Revenue stands dismissed.
Order pronounced in the open court on 10th January, 2024.