ACIT, CENTRAL CIRCLE-06, NEW DELHI V. SHIV VANI OIL & GAS EXPLORATION SERVICES LTD., NEW DELHI

ITA 5148/DEL/2019

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax, Central Circle-6, against Shiv Vani Oil & Gas Exploration Services Ltd. for the assessment year 2009-10. The appeal was filed in the Income Tax Appellate Tribunal, Delhi, challenging the appellate order passed by the Commissioner of Income-tax (Appeals)-42, New Delhi, which itself arose from an assessment order by the Deputy Commissioner of Income Tax, Central Circle-11, New Delhi under section 153A of the Income-tax Act, 1961. The primary issue in the appeal was the maintainability of the Revenue's appeal in light of the CBDT's monetary limit for filing appeals, which was set at Rs. 60 lakhs.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 471963 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Liquidation
• Section: 153A

Judgement Text

"1 ITA no. 5148/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’ NEW DELHI BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 5148/Del/2019 Asstt. Yr: 2009-10 ACIT, Central Circle-6, ARA Centre, Jhandewalan New Delhi. v. Shiv Vani Oil & Gas Exploration Services Ltd., 5th Floor, Tower-I NBCC Plaza, Pushp Vihar, Sector-5, New Delhi New Delhi. \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: AAACS2523 H Appellant .. Respondent Assessee represented by : None Department represented by: Sh. Dharamveer Singh, CIT(DR) Date of Hearing 20.02.2025 Date of Pronouncement 20 .02.2025 O R D E R PER RAMIT KOCHAR, AM: This appeal in ITA No. 5148/Del/2019 for the assessment year 2009-10 filed by the Revenue has arisen from the appellate order dated 28.03.2019 in appeal no. 41/2017-18/CIT(A)-42passed by learned Commissioner of Income-tax(Appeals)- 2 ITA no. 5148/Del/2019 42, New Delhi,which appeal before learned CIT(A) in turnhas arisen from the assessment order dated 15.05.2014 passed by the learned DCIT, Central Circle-11, New Delhi u/s 153A of the Income-tax Act, 1961(“the Act”). 2. At the outset, it is observed that tax-effect in this appeal filed by the Revenue with ITAT, Delhi Benches, New Delhi is Rs. 36,47,349/- as stated by the Revenue itself in the Form No. 36. None appeared on behalf of the assessee when this appeal was called for hearing before the Division Bench. The ld. CIT(DR) was asked as to how this appeal filed by the Revenue is maintainable as tax-effect is lower than Rs. 60 lacs(earlier Rs. 50 lacs) required for maintainability of Revenue’s appeal before ITAT. He fairly submitted that the tax effect in the instant Revenue’s appeal is less than the monetary limit prescribed by the CBDT. The ld. CIT DR prayed that liberty may be granted to Revenue to recall this order in case if it is found at later stage that this appeal was not covered by the CBDT circular concerning low tax effect. It was submitted by ld. CIT DR that the assesseecompany has gone into liquidation . 3. After hearing ld. CIT DR and perusing the material on record, we dismiss this appeal in ITA no. 5148/Del/2019 for assessment year 2009-10 filed by the Revenue as not maintainable keeping in view low tax-effect being below the monetary limit prescribed by CBDT Circular No. 03/2018 dated 11.07.2018 and its amendment dated 20.08.2018 and Circular No. 17/2019 dated 08.08.2019. The tax- 3 ITA no. 5148/Del/2019 effect in this appeal is Rs. 36,47,349/- which is admittedly below the monetary limit viz. presently Rs. 60 lacs(earlier Rs. 50 lacs) for filing appeal with ITAT by Revenue. Thus, we hold that this appeal filed by the Revenue is not maintainable and is liable to be dismissed which is also stated by ld. CIT DR, keeping in view the aforesaid CBDT circulars. We hereby grant liberty to Revenue to file application for recall of this order if at any stage it is found that this appeal is not covered by CBDT circular concerning low tax effect appeals to be filed by the Revenue.We order accordingly. 4. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open court on 20.02.2025 and reduced to writing and signed on 24.02.2025. Sd/- (VIMAL KUMAR) Sd/- (RAMIT KOCHAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: .02.2025. PS: *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT Delhi "