ACIT, CIRCLE- 34(1), NEW DELHI vs. PUNJAB STAINLESS STEEL INDUSTRIES, NEW DELHI

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ITA 4140/DEL/2018Status: DisposedITAT Delhi12 April 2021AY 2014-152 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 appeals of the Revenue deserved to be dismissed on account of low tax effect, as per CBDT Circular No. 17/2019 and its subsequent clarification. The appeals were dismissed without going into the merits of the case.

What were the facts?

The Revenue filed two appeals against the CIT(A) orders for AY 2013-14 and 2014-15. The tax effect in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the applicability of CBDT Circular No. 17/2019 regarding the monetary limit for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

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

For Appellant: Smt. Sushma Singh, CIT
Hearing: 12.04.2021Pronounced: 12.04.2021

Heard together (2 matters)

I.T.A. No. 4139/DEL/2018
I.T.A. No. 4140/DEL/2018

Read from the judgment's own cause title. This page is filed under one of them.

ORDER PER SUCHITRA KAMBLE, JM These two appeals are filed by the Revenue against order dated 10/01/2018 passed by CIT(A)-12 for assessment year 2013-14 & 2014-15 respectively.

2.

At the outset, it was brought to our notice that the tax effect involved in these appeals being less than Rs. 50 lacs, squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019.

3.

After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We find that the subsequent clarification dated 20.08.2019 makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. The Circular is binding on the tax authorities. Hence, we hold that both the appeals of the revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Accordingly, on account of low tax effect case, we dismiss these two appeals of revenue in limine, without going into the merits of the case.

4.

In the result, appeals of the Revenue are dismissed.

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