This case involves the appellant, Assistant Commissioner of Income Tax (ACIT), Circle-45(1), New Delhi, contesting the order regarding Shri Harish Kochhar, the legal heir of Mr. Herry Kochhar, New Delhi, for the assessment year 2006-07. The case was filed on February 22, 2019, and the final tribunal order was pronounced on August 23, 2019.
The proceedings were conducted at the Income Tax Appellate Tribunal (ITAT), Delhi ‘F’ Bench, before Shri N.K. Billaiya, Accountant Member, and Shri Pavan Kumar Gadale, Judicial Member. This judgment addresses the issues surrounding the pending appeal dismissal based on the monetary limit set by the Central Board of Direct Taxes (CBDT).
Assistant Commissioner of Income Tax (ACIT), Circle-45(1), New Delhi
Shri Harish Kochhar, Legal Heir of Mr. Herry Kochhar
F-52/2, Vasant Vihar, New Delhi
PAN: ABHPK7605B
The appellant was represented by Sh. D. S. Rawat, Sr. DR. The respondent was represented by Sh. Saurav Rohtagi, CA, Ms. Gargi Sethi, Advocate, Sh. Lalit Mohan, CA, Sh. Rakesh Gupta, Advocate, Sh. V. Raj Kumar, Advocate, and Ms. Tejasvi Jain, Advocate.
The appeals filed by the revenue were taken up together as all these appeals had a tax effect less than the monetary limit fixed by the CBDT in its circular No. 17/2019 dated August 8, 2019. Vide a letter dated August 20, 2019, addressed to all the Principal Chief Commissioners of Income Tax, the board clarified that circular No. 17/2019 is applicable to all pending appeals.
The respondent argued that the order passed by the CIT(A) was correct and in accordance with the law. The respondent further contended that the appeal filed by the ACIT had no merit and should be dismissed.
During the hearing, the appellant’s counsel argued that the CIT(A) had passed the order without considering the relevant facts and evidence. It was requested that the order of the CIT(A) be set aside and the additions made by the AO be restored.
The respondent’s representatives argued that the CIT(A) had rightly deleted the additions made by the AO and that the appeal filed by the revenue should be dismissed as per the CBDT’s circular No. 17/2019.
The tribunal observed that the CBDT’s circular No. 17/2019, dated August 8, 2019, set a monetary limit for filing appeals by the revenue before the ITAT. The tribunal further noted that the board had clarified that the circular is applicable to all pending appeals.
In light of the CBDT’s circular No. 17/2019, all the appeals by the revenue were dismissed as the tax effect was less than the prescribed monetary limit.
Order pronounced in the open court on August 23, 2019.
Sd/-
(Pavan Kumar Gadale)
Judicial Member
Sd/-
(N.K. Billaiya)
Accountant Member
Dated: August 23, 2019
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asst. Registrar, ITAT, New Delhi
Dates:
1. Date of dictation: August 23, 2019
2. Date on which the typed draft is placed before the dictating Member: August 23, 2019
3. Date on which the typed draft is placed before the other Member: August 23, 2019
4. Date on which the approved draft comes to the Sr. PS/PS: August 23, 2019
5. Date on which the fair order is placed before the Dictating Member for pronouncement: August 23, 2019
6. Date on which the fair order comes back to the Sr. PS/PS: August 23, 2019
7. Date on which the final order is uploaded on the website of ITAT: August 27, 2019
8. Date on which the file goes to the Bench Clerk: August 27, 2019
9. Date on which the file goes to the Head Clerk: August 27, 2019
10. Date on which the file goes to the Assistant Registrar for signature on the order: August 27, 2019
11. Date of dispatch of the Order: August 27, 2019
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