DCIT, CC, UTTARPRADESH vs. RAJVEER SINGH, UTTARPRADESH

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ITA 309/DEL/2022Status: DisposedITAT Delhi31 October 2023AY 2017-18Bench: SH. N. K. BILLAIYA (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)2 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 noted that the tax effect of the appeal was less than Rs. 50 lakhs. Therefore, as per CBDT Circular No. 17/2019, the appeal was not maintainable.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 65,00,000/- on account of unexplained unsecured loans. The assessment year was 2017-18.

What were the issues?

Maintainability of the revenue's appeal due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI

Before: SH. N. K. BILLAIYA & MS. ASTHA CHANDRA

For Respondent: Ms. Ayushi Gupta, CA
Hearing: 31/10/2023Pronounced: 31/10/2023

BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER Assessment Year: 2017-18 DCIT Rajveer Singh CC Vs Jamalpur Hiranagar, Uttarpradesh Muzaffarnagar (APPELLANT) (RESPONDENT) Appellant by Sh. P.N. Barnwal, CIT DR Respondent by Ms. Ayushi Gupta, CA Date of hearing: 31/10/2023 Date of Pronouncement: 31/10/2023 ORDER PER N. K. BILLAIYA, AM:

This appeal filed by the revenue is preferred against the CIT(A)-4, Kanpur, dated 14.12.2021 for A.Y. 2017-18. 2. The solitary grievance of the revenue is that the CIT(A) erred in deleting the addition of Rs.65,00,000/- on account of unexplained unsecured loans u/s. 68 of the Act. 3. A perusal of the grievance of the revenue show that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019. 4. This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs. 5. In the result, the appeal filed by the revenue is dismissed. 6. The order is pronounced in the open court on 31.10.2023 in the presence of both the rival representatives.

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