Madhu Gupta, New Delhi V. ITO ward 30 (1), New Delhi

CO 102/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5063 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 28 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 06-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 08-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DEEPESH GUPTA
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E” DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER I.T.A. No.1758/DEL/2019 Assessment Year 2010-11 ITO, Ward-30(1), New Delhi. v. Madhu Gupta, E-108, Greater Kailash, Part-2, New Delhi. TAN/PAN: AAHPG3917D (Appellant) (Respondent) CO No.102/DEL/2019 (Arising out of ITA No.1758/DEL/2019 Assessment Year 2010-11 Madhu Gupta, E-108, Greater Kailash, Part-2, New Delhi. v. ITO, Ward-30(1), New Delhi. TAN/PAN: AAHPG3917D (Appellant) (Respondent) Appellant by: Shri Deepesh Gupta, Adv. Respondent by: Shri S.N. Pandey, Sr.D.R. Date of hearing: 07 03 2022 Date of pronouncement: 07 03 2022 O R D E R PER PRADIP KUMAR KEDIA, A.M.: The c apt io ne d ap p eal ha s be en f i le d at th e i ns ta nc e o f the Re ven ue an d th e Cr os s Ob je ct io n at the i ns ta nc e of t he a ss es see aga in st t he o rde r o f the Co mmi s si one r of Inco me T ax ( Ap pea ls )- X, Ne w D elh i [ ‘C IT (A )’ i n s ho rt ], d at ed 19. 12 .2 01 8 a risi ng f ro m o rd er I.T.A. No.1758/Del/2019 & CO No.102/Del/2019 2 dat ed 29 .1 2.2 01 7 pas se d b y th e A s ses si ng Of f icer ( AO ) un de r Sec ti on 1 47 re ad w ith S ec ti on 14 8 of t he In co me Ta x Ac t, 19 61 ( the Act ) co nc ern in g A Y 2 0 10- 11 . 2. Before us, ld. counsel for the assessee submitted that since the tax effect on disputed amount as raised in the Revenue’s appeal is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable. 3. Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs. Thus, the appeal filed by the Revenue is dismissed. 4. Having regard to dismissal of Revenue appeal in the light of CBDT circular, the cross objection is also dismissed as withdrawn as per the averments on behalf of the assessee. 5. The revenue shall be at liberty to move application for restoration of appeal for disposal on merits in accordance with law where it is found that the subject matter of dispute is not covered by the CBDT circular for tax cases in any manner. 6. In the result, the appeal of the Revenue and the Cross Objection of the assessee are dismissed in limine. Order was pronounced in the open Court on 07/03/2022. Sd/- Sd/- [KUL BHARAT] [PRADIP KUMAR KEDIA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07/03/2022 Prabhat