ACIT CIRCLE- 27(1), NEW DELHI vs. UOP INDIA PVT. LTD., NEW DELHI

ITA 9326/DEL/2019Status: DisposedITAT Delhi13 June 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 held that the appeal was not maintainable due to the low tax effect as per CBDT Circular No. 17/2019. The appeal was dismissed with liberty to the revenue to approach the Tribunal if the tax effect exceeded the prescribed limit.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A). The tax effect of the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Maintainability of the appeal before the ITAT based on the tax effect stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘H’ BENCH,

Before: SHRI SAKTIJIT DEY, & SHRI N.K. BILLAIYA

For Appellant: Shri Sarthak, CA, Shri Tarundeep Singh, CA

Hearing: 13.06.2023Pronounced: 13.06.2023

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - 9, New Delhi dated 23.09.2019 pertaining to A.Y. 2017-18.

A perusal of the grievance of the revenue shows 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.

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.

In the result, the appeal filed by the Revenue n is dismissed.

The order is pronounced in the open court on 13.06.2023.

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