DCIT, CIRCLE-4(2), NEW DELHI vs. BKT TRADECON PVT. LTD., DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the monetary limit set by the CBDT for filing appeals. Therefore, the appeal was not maintainable.
What were the facts?
The Revenue filed an appeal against the order of the CIT(Appeals) for AY 2019-20. The assessee did not appear for the hearing. The tax effect involved in the appeal was below the prescribed limit of Rs. 50 lakhs.
What were the issues?
Whether an appeal filed by the Revenue is maintainable when the tax effect is below the monetary limit prescribed by 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
आदेश / O R D E R PER C. N. PRASAD, J. M. :
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. 2722/Del/2022 CIT (Appeals)]/National Faceless Appeal Centre [NFAC] Delhi, dated 24.09.2022 for assessment year 2019-29.
In spite of issue of notice none appeared on behalf of the assessee nor any adjournment was sought. We dispose off the appeal on hearing the ld. DR.
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, 4. 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/-.
In the result, the appeal filed by the Revenue, is dismissed being infructuous.
Order pronounced in the open court on : 17/11/2023.
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