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

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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

I.T.A. No. 2725/Del/2022

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.

Sd/- Sd/- ( G. S. PANNU ) ( C. N. PRASAD ) VICE-PRESIDENT JUDICIAL MEMBER

Dated : 29/11/2023. *MEHTA*

आदेश की �ितिलिप अ�ेिषत / Copy of Order Forwarded to:- 1. आवेदक / Assessee 2. राज� / Revenue 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�- अपील / CIT (A) 2

I.T.A. No. 2725/Del/2022

5.

िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, DELHI / DR, ITAT, DELHI 6. गाड� फाइल / Guard file. By order

ASSISTANT REGISTRAR ITAT, New Delhi.

Date of dictation 21.11.2023 Date on which the typed draft is placed before the 28.11.2023 dictating Member Date on which the typed draft is placed before the 29.11.2023 Other Member Date on which the approved draft comes to the Sr. 29.11.2023 PS/PS Date on which the fair order is placed before the 29.11.2023 Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 29.11.2023 PS/PS Date on which the final order is uploaded on the 29.11.2023 website of ITAT Date on which the file goes to the Bench Clerk 29.11.2023 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order

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