ITO, WARD- 1(1), MEERUT vs. ADARSH JINDAL, MEERUT

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ITA 7160/DEL/2017Status: DisposedITAT Delhi07 December 2020AY 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 dismissed the Revenue's appeal as not maintainable. This decision was based on the CBDT's revised monetary limit for filing appeals to the ITAT.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2014-15. The assessee submitted that the tax effect in the appeal was below ₹50 lakhs, which is the revised monetary limit for departmental appeals to the ITAT as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect was below the revised monetary threshold set by the CBDT for appeals to the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & SHRI AMIT SHUKLA SHRI AMIT SHUKLASHRI SHRI

For Respondent: Shri Shiv Swaroop Singh, Senior DR
Pronounced: 07.12

PER G.S. PANNU PER G.S. PANNU, , , , VP PER G.S. PANNU PER G.S. PANNU VP VP : VP This appeal by the Revenue for the assessment year 2014-15 is directed against the order of learned CIT(A), Meerut dated 21st September, 2017.

1.

The assessee, vide letter dated 13th October, 2020 has submitted 2. that the tax effect in this appeal by the Revenue is below `50 lakhs. The CBDT in its Circular No.17/2019 dated 8th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at `50 lakhs. It has, therefore, been requested that the Revenue’s appeal may be dismissed.

3.

Learned Senior DR agreed that the tax effect in this appeal of the Revenue is below `50 lakhs.

2 ITA-7160/Del/2017

4.

In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8th August, 2019, as not maintainable.

5.

In the result, the appeal of the Revenue is dismissed.

Above decision was announced on conclusion of Virtual Hearing on 7th December, 2020.

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