ACIT, CIRCLE- 21(1), NEW DELHI vs. REALISTIC REALTORS PVT. LTD., NEW DELHI

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ITA 2365/DEL/2018Status: DisposedITAT Delhi05 July 2021AY 2007-084 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 filed by the Revenue was not maintainable due to the tax effect being below the monetary limit prescribed by the CBDT circular. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the tax effect involved in the appeal was below Rs. 50 lakhs, making it non-maintainable as per CBDT Circular No. 17/2019.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “F” : DELHI

Before: SHRI R.K. PANDA & Ms. SUCHITRA KAMBLE

Hearing: 05.07.2021Pronounced: 05.07.2021

Date of Hearing : 05.07.2021 Date of Pronouncement : 05.07.2021 ORDER PER R.K. PANDA, A.M.

This appeal filed by the Revenue is directed against the order dated 19.01.2018 of the Ld. CIT(A)-36, New Delhi, relating to A.Y. 2007-2008.

2 ITA.No.2365/Del./2018 M/s. Realistic Realtors Pvt. Ltd., New Delhi.

2.

The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

3.

The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019.

4.

After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary

3 ITA.No.2365/Del./2018 M/s. Realistic Realtors Pvt. Ltd., New Delhi. limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed. However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order.

5.

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

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