Case Number: ITA 1422/DEL/2021
Appellant: DCIT, Central Circle-4, New Delhi
Respondent: D.S. Realtors Pvt. Ltd., New Delhi
Assessment Year: 2017-18
Case Filed On: 2021-10-11
Order Type: Final Tribunal Order
Date of Order: 2023-08-08
Pronounced On: 2023-08-08
The Revenue has come in appeal against the order dated 22.07.2021 passed by the Commissioner of Income Tax (Appeals)-30, New Delhi (hereinafter referred to as “learned First Appellate Authority” or in short “FAA”) in appeal no. 10455/2019-20 for the assessment year 2017-18, arising out of the assessment order dated 25.12.2019 u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), passed by the Assistant Commissioner of Income Tax, Central Circle-29, New Delhi (hereinafter referred to in short as “Ld. AO”).
During the hearing on 01.08.2023, the learned counsel for the assessee, Sh. Satyjit Goel, CA, submitted that the tax effect involved in the appeal of the Revenue is below Rs. 50 lakhs. Therefore, in view of the CBDT Circular No. 17/2019 dated 8th August 2019, revising the monetary limit for filing departmental appeals to the ITAT at Rs. 50 lakhs, the present appeal of the Revenue is not maintainable.
The learned Senior Departmental Representative (Sr. DR), Sh. Amit Katoch, could not controvert the averments made by the learned counsel that the tax effect involved in the instant appeal is less than Rs. 50 lakhs.
Considering the factual position and the submissions made, the ITAT Delhi Bench, comprising Shri M. Balaganesh, Accountant Member, and Shri Anubhav Sharma, Judicial Member, deemed it proper to dismiss the appeal of the Revenue in the light of the CBDT Circular No. 17/2019 dated 8th August 2019, as not maintainable due to the tax effect being below Rs. 50 lakhs. However, the Tribunal noted that if the Revenue later finds that the tax effect in dispute is more than the prescribed limit or is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application as per the extant law.
In conclusion, the Revenue’s appeal was dismissed on the grounds that the tax effect involved was less than Rs. 50 lakhs, making it non-maintainable under the guidelines of the CBDT Circular No. 17/2019. The order was pronounced in the open court on 08.08.2023.
Order:
Order pronounced in the open court on 08.08.2023.
Signed by:
(M. BALAGANESH)
ACCOUNTANT MEMBER
(ANUBHAV SHARMA)
JUDICIAL MEMBER
Copy forwarded to:
Assistant Registrar
ITAT, New Delhi
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