DCIT, CC-4, NEW DELHI vs. D.S. REALTORS PVT. LTD., NEW DELHI

PDF · subscribers
ITA 1422/DEL/2021Status: DisposedITAT Delhi08 August 2023AY 2017-183 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 found that the tax effect was indeed below Rs. 50 lakhs. Therefore, the appeal was dismissed as not maintainable based on the CBDT circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2017-18. The assessee argued that the tax effect was below the monetary limit for departmental appeals to the ITAT as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the tax effect being below the prescribed monetary limit for appeals to the ITAT.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “H”: NEW DELHI

Before: SHRI M. BALAGANESH & SHRI ANUBHAV SHARMA

Hearing: 01.08.2023

The Revenue has come in appeal against the order dated 22.07.2021 passed by the Commissioner of Income Tax (Appeals)-30, New Delhi (hereinafter referred as “learned First Appellate Authority” or in short “FAA”) in appeal no. 10455/2019-20 for the assessment year 2017-18, arising out of assessment order

25.12.2019 u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred as the “Act”), passed by the Assistant Commissioner of Income Tax, Central Circle- 29, New Delhi (hereinafter referred in short as “Ld. AO”).

2.

At the outset, learned counsel for the assessee submitted that the tax effect involved in the appeal of the Revenue is below Rs. 50 lakhs, therefore, in view of the CBDT Circular No. 17/2019 dated 8th August, 2019, revising the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs, the present appeal of the Revenue is not maintainable.

3.

The learned Sr. DR could not controvert the averments made by the learned counsel that the tax effect involved in the instant appeal is less than Rs. 50 lakhs.

5.

In view of the above factual position, the tax effect involved in the appeal being less than Rs. 50 lakhs, we deem it proper to dismiss the appeal of the Revenue in the light of the CBDT Circular No. 17/2019 dated 8th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law.

6.

In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed.

Order pronounced in the open court on 08.08.2023.

Recent GST High Court judgments

Search GST case law →