DCIT, CIRCLE- 11(1), NEW DELHI vs. HAAMID REAL ESTATE PVT. LTD., NEW DELHI

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ITA 2300/DEL/2018Status: DisposedITAT Delhi12 July 2021AY 2014-153 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 CBDT Circular No. 17/2019 revised the monetary limit for filing appeals to Rs. 50 Lacs and clarified its applicability to pending appeals. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A) for AY 2014-15. The Departmental Representative pointed out that the appeal was to be withdrawn due to a low tax effect.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the revised monetary limits prescribed by CBDT circulars for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

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

For Appellant: Ms. Anima, Sr. DR
Hearing: 12.07.2021

ORDER PER SUDHANSHU SRIVASTAVA, JM:

This appeal is preferred by the Revenue against order dated 10.01.2018 passed by the Learned Commissioner of Income Tax (Appeals)-4, New Delhi {CIT(A)} for Assessment Year 2014-15.

M/s. Hammid Real Estate Pvt. Ltd. vs. ACIT 2.0 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 Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

3.0 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.

4.0 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.

5.0 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CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

M/s. Hammid Real Estate Pvt. Ltd. vs. ACIT 6.0 In the final result, the appeal of the Revenue stands dismissed.

Above decision was announced on conclusion of Virtual

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