DCIT, CIRCLE-1(1), NEW DELHI vs. ATS REALTY PVT. LTD., NEW DELHI

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ITA 2725/DEL/2022Status: DisposedITAT Delhi29 November 2023AY 2019-20Bench: SHRI G. S. PANNU, HON’BLE VICE-PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A No.2725/Del/2022 िनधाᭅरणवषᭅ/Assessment Years: 2019-20 DCIT, Circle : 1 (1) New Delhi. बनाम Vs. ATS Realty Pvt. Ltd., 711-92, Deepali, Nehru Place, New Delhi – 110 019. PAN No. AAKCA8497L अपीलाथᱮ / Appellant ᮧ᭜यथᱮ/ Respondent िनधाᭅᳯरतीकᳱओरसे /Assessee by : Shri Abhishek Jain, C. A.; राज᭭वकᳱओरसे / Department by : Shri Kanv Bali, Sr. D. R. सुनवाईकᳱतारीख/ Date of hearing : 16/11/2023 उ᳃ोषणा3 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 due to the low tax effect, as per CBDT Circular No. 17/2019. The Revenue conceded this factual position.

What were the facts?

The Revenue filed an appeal against the order of the CIT(Appeals) for the assessment year 2019-20. The tax effect involved in the appeal was below the prescribed limit of Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the appeal by the Revenue given the low tax effect, in light of CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “A” : DELHI ]

Before: SHRI G. S. PANNU, HON’BLE VICE-SHRI CHALLA NAGENDRA PRASAD

For Appellant: Shri Abhishek Jain
For Respondent: Shri Kanv Bali
Hearing: 29/11/2023

आदेश / O R D E R PER C. N. PRASAD, J. M. :

1.

This appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals) [hereinafter referred to 1 CIT (Appeals)]/National Faceless Appeal Centre [NFAC] Delhi, dated 26.09.2022 for assessment year 2019-20.

2.

At the time of hearing, it is noticed that tax effect involved in this appeal is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT Circular No.17/2019 dated 8th August, 2019 wherein the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the learned Senior Departmental Representative. In view of the CBDT Circular No.17/2019 dated 8th August, 2019, 3. we are of the view that the aforesaid appeal is not maintainable because of low tax effect i.e. less than Rs.50,00,000/-.

4.

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

Order pronounced in the open court on : 29/11/2023.

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