Case Number: ITA 5197/DEL/2019
Appellant: DCIT, Central Circle-7, New Delhi
Respondent: Aditya Sharma, New Delhi
Assessment Year: 2012-13
Order Type: Final Tribunal Order
Date of Order: September 30, 2019
Case Filed on: June 6, 2019
Pronounced on: September 30, 2019
This case discusses the appeal filed by the Department of Income Tax against Aditya Sharma, concerning the assessment year 2012-13. The key issue was whether the tax appeal should be dismissed based on the tax effect being below the monetary limits set by the Central Board of Direct Taxes (CBDT).
During the tribunal proceedings, it was highlighted that the CBDT issued Circular No. 17/2019, raising the monetary limits for filing tax appeals. The tax effect involved in this particular case was below the specified threshold of 50 lakh rupees, which led to a discussion on whether the appeal was maintainable under the new guidelines.
The tribunal observed that according to the circular, and the relevant precedents set by other cases, the appeal did not meet the monetary requirements to proceed. As a result, the appeal filed by the revenue was dismissed as it was not maintainable.
This case serves as a significant reference for understanding the impact of CBDT’s circulars on the management of litigation within the income tax appellate framework. It emphasizes the importance of adhering to revised monetary limits and showcases how such regulations are crucial for reducing unnecessary legal proceedings and focusing resources on more substantial cases.
ITA 5197/DEL/2019: Dismissal of Tax Appeal Due to Circular No. 17/2019
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