DCIT, NEW DELHI vs. M/S. ESHA SECURITIES PVT. LTD., NEW DELHI

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ITA 3358/DEL/2013Status: DisposedITAT Delhi23 March 2023AY 2005-063 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 observed that the tax effect in the appeal was below the threshold specified by CBDT circulars for filing appeals. The Revenue's counsel did not dispute this fact.

What were the facts?

The Revenue Department filed an appeal before the ITAT against an order passed by the CIT(Appeals). The assessee contended that the tax effect was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’ NEW DLEHI

Before: SHRI ANIL CHATURVEDI & SHRI N.K. CHOUDHRY

For Appellant: CA &
For Respondent: DR Assessee by: Sh. Amit Goel, Ld. CA &
Hearing: 23/03/2023

This appeal has been preferred by the Revenue Department against the order dated 13.03.2013, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-1, New Delhi (in short “Ld. Commissioner”), u/s. 250 of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2005-06.

2.

At the outset it was observed by the bench and also claimed by the Assessee that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals before Appellate Tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20th August 2019, whereby it was clarified that revised monetary limits so mentioned in the circular 17/2019 will also be applicable to all pending SLPs/Appeals / Cross Objections/ References. Hence the instant appeal deserves dismissal being not maintainable.

3.

Ld. Sr. DR did not refute the claim of the Assessee and accepted the factual position.

4.

In the result, the appeal under consideration filed by the Revenue Department stands dismissed.

Order pronounced in the open court on 23/03/2023.

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