ACIT, CENTRAL CIRCLE- 14, NEW DELHI vs. VIRAMGAM MAHESANA PROJECTS PVT. LTD., NEW DELHI

ITA 4063/DEL/2017Status: DisposedITAT Delhi12 October 2021AY 2012-133 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 noted that the tax effect was below the threshold specified by CBDT circulars for filing appeals. The Revenue's counsel did not dispute this and did not press the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel pointed out that the tax effect in the appeal was below the revised monetary threshold set by CBDT circulars for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit 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

(A) This appeal by Revenue is filed against the impugned order of Learned Commissioner of Income Tax (Appeals)-XXVI, Delhi, [“Ld. CIT(A)”, for short], dated 14.03.2017 for Assessment Year 2012-13.

(B) At the outset, it was brought to our notice at the time of hearing, by learned Counsel for assessee, that tax effect in this appeal is below Rs. 50,00,000/-. Vide recent CBDT Circular No. 17/2019 dated 08.08.2019 read with earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold limit of tax effect for filing of appeals

ITA No.- 4063/Del/2017 M/s. Viramgam Mahesana Projects Pvt. Ltd. by Revenue in Income Tax Appellate Tribunal (“ITAT”, for short) has been enhanced to Rs. 50,00,000/-. In a subsequent clarification issued by CBDT vide F.No. 279/Misc/M- 93/2018-ITJ, dated 20/08/2019, it has been clarified by CBDT that the aforesaid revised monetary limit is also applicable to all pending appeals in ITAT. In view of the foregoing, it was contended by Ld. Counsel for assessee, that this appeal is not maintainable. Learned Senior Departmental Representative [“Ld. Sr. DR”, for short) did not dispute this contention of the Ld. AR for assessee; and the Ld. Sr. DR did not press the appeal. Therefore, this appeal is dismissed being not pressed; and also being not maintainable having regard to aforesaid CBDT Circular No. 17/2019 dated 08.08.2019 read with aforesaid CBDT Circular No. 3 of 2018 in the light of aforesaid clarification dated 20/08/2019.

(C) Before leaving, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act, 1961 seeking recall of this order and, for restoration of this appeal if it is found that appeal of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018.

(D) In the result, this appeal by Revenue is dismissed. Order pronounced in Open Court on 12/10/2021 .

Recent GST High Court judgments

Search GST case law →