Case Number: ITA 1777/DEL/2019
Appellant: ACIT Circle-7(2), New Delhi
Respondent: Dwarika Projects Pvt Ltd, Noida
Assessment Year: 2014-15
Date of Filing: March 5, 2019
Order Type: Final Tribunal Order
Date of Order: August 28, 2019
Date Pronounced: August 28, 2019
The case ITA 1777/DEL/2019, filed by the ACIT Circle-7(2), New Delhi, against Dwarika Projects Pvt Ltd, Noida, pertains to the assessment year 2014-15. The case was initiated on March 5, 2019, and the final judgment was pronounced on August 28, 2019.
The central issue in this appeal was the tax effect and compliance with the Central Board of Direct Taxes (CBDT) Circular No. 17/2019, which sets the monetary limits for filing appeals by the Income Tax Department. According to this circular, appeals with tax effects below Rs. 50,00,000 should not be pursued.
During the hearing, the representatives from both the appellant and the respondent presented their arguments. The representatives for the appellant included Mr. N.K. Bansal and Smt. Rinku Singh, while the respondent was represented by various tax and legal professionals, including Mr. Anunav Kumar, Mr. Sharjit Khimta, and others.
The tribunal reviewed the CBDT Circular No. 17/2019 and noted that the tax effect in the present case was below the specified threshold of Rs. 50,00,000. As such, in accordance with the circular, the tribunal deemed the appeal by the Revenue as non-maintainable.
The tribunal dismissed the appeal filed by the ACIT Circle-7(2), New Delhi, against Dwarika Projects Pvt Ltd, Noida, for the assessment year 2014-15. The decision was based on the CBDT circular which aims to reduce litigation by setting a monetary threshold for appeals. The tribunal clarified that the Revenue could request the restoration of the appeal if it was found that the case did not fall under the purview of the circular.
In conclusion, this case highlights the importance of adhering to the CBDT guidelines to ensure efficient handling of tax-related appeals and the reduction of unnecessary litigation.
This case is part of a broader set of appeals involving various parties, including Samsung Data Systems India Pvt. Ltd., DCM Engineering Ltd., and others. These appeals were reviewed collectively to ensure consistency in applying the CBDT circular and maintaining the integrity of the tribunal’s decisions.
The consistent application of the CBDT guidelines across multiple cases demonstrates the tribunal’s commitment to reducing unnecessary legal proceedings and focusing on significant tax disputes.
The case records and detailed judgments are available for reference and provide valuable insights into the tribunal’s decision-making process and the implementation of tax regulations in India.
Note: This article is a summary of the tribunal’s order in ITA 1777/DEL/2019 and related cases. For detailed information, please refer to the official tribunal records.
ACIT Circle-7(2), New Delhi vs. Dwarika Projects Pvt Ltd, Noida: Assessment Year 2014-15
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform