ITO, NEW DELHI vs. M/S. AASL (INDIA) PROPERTIES AND INFRASTRUCTURE (P) LTD., DELHI

PDF · subscribers
ITA 646/DEL/2015Status: DisposedITAT Delhi10 October 2023AY 2006-07Bench: SHRI G.S PANNU, HON’BLE (President), SHRI CHANDRA MOHAN GARG (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 held that the appeal filed by the Revenue was not maintainable due to the CBDT Circular No. 17/2019, which raised the monetary limit for filing appeals to Rs. 50 lakhs and was applicable to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for Assessment Year 2006-07. The tax effect involved in the grounds raised by the Revenue was below Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT in light of the revised monetary limits prescribed by CBDT Circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: A: NEW DELHI

Before: SHRI G.S PANNU, HON’BLE & SHRI CHANDRA MOHAN GARG

For Appellant: Shri Pranav Yadav, Adv
For Respondent: Shri Kanv Bali, Sr. DR
Hearing: 10.10.2023Pronounced: 10.10.2023

order of Ld. CIT-IV, New Delhi dated 14.11.2014 for A.Y. 2006-07. 2. That the tax effect involved in the grounds raised

by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

3. The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019.

4. After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable

Revenue is not maintainable. Accordingly, the same is dismissed. 5. However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order. 6. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 10.10.2023

Recent GST High Court judgments

Search GST case law →