ACIT, CIRCLE-49(1), NEW DELHI vs. TECHNO COLOUR & CHEMICALS, NEW DELHI

ITA 7741/DEL/2018Status: HeardITAT Delhi15 December 2021AY 2013-143 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 held that the appeal was not maintainable as per CBDT Circular No. 17/2019 due to the low tax effect. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal before the ITAT based on the tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI AMIT SHUKLA

For Appellant: Shri Sanat Kapoor, Advocate

For Respondent: Shri Umesh Takyar, Sr. D.R

Hearing: 15.12.2021Pronounced: 15.12.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

This appeal by the Revenue is preferred against the order of the CIT[A]-15, Delhi dated 31.08.2018 pertaining to Assessment Year 2013-14.

A perusal of the grievance of the revenue shows that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019.

This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs.

In the result, the appeal filed by the Revenue in is dismissed.

The order is pronounced in the open court on 15.12.2021 in the presence of both the representatives.

Recent GST High Court judgments

Search GST case law →