DCIT CIRCLE-11(1), NEW DELHI V. HCIL COMTEL LTD, NEW DELHI

ITA 4902/DEL/2019

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax, Circle-11(1), New Delhi against HCIL Comtel Ltd concerning an assessment year 2013-14. The appeal was initially against the order of the Commissioner of Income Tax (Appeals)-22, New Delhi, which itself was an appeal against the order of assessment passed under section 143(3) of the Income-tax Act, 1961 by the Assessing Officer. However, the Departmental Representative pointed out that the tax effect involved was below Rs. 60 Lacs, leading to the application of the CBDT Circular which revised the monetary limit for filing appeals before the Tribunal to Rs. 60 Lacs, applicable to all pending appeals.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 470160 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 21-10-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 29-05-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT KATOCH
• Assessee Lawyers: ANSHUL SACHAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI SAKTIJIT DEY, HON’BLE VICE PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No. 4902/Del/2019 (Assessment Year: 2013-14) DCIT, Circle-11(1), New Delhi Vs. HCIL Comtel Ltd, 1, Shivaji Marg, WEstend Greens, NH-8, New Delhi (Appellant) (Respondent) PAN:AACCH0293H Assessee by : Shri Anshul Sachar, Adv Shri Tavish Verma, Adv Revenue by: Shri Amit Katoch, Sr. DR Date of Hearing 21/10/2024 Date of pronouncement 21/10/2024 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.4902/Del/2019 for AY 2013-14, arises out of the order of the Commissioner of Income Tax (Appeals)-22, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] in Appeal No. 114/18- 19/CIT(A)-22, New Delhi dated 20.03.2019 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 20.12.2016 by the Assessing Officer, DCIT, Circle-11(1), New Delhi (hereinafter referred to as ‘ld. AO’). 2. However, Ld. Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.60 Lacs. ITA No. 4902/Del/2019 HCIL Comtel Ltd Page | 2 3. The CBDT vide Circular No.09/2024 dated 17.09.2024 has revised the monetary limit for filing the appeals before the Tribunal to Rs.60 Lacs and the said Circular would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable. 4. Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-3.1 and 3.2 of the Circular dated 17.09.2024. 5. In conclusion, by applying the CBDT Circular dated 17.09.2024, the captioned appeal of the Revenue is dismissed as withdrawn/not pressed. 6. In the final result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 21/10/2024. -Sd/- -Sd/- (SAKTIJIT DEY) (M. BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 21/10/2024 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi ITA No. 4902/Del/2019 HCIL Comtel Ltd Page | 3 Date of dictation Date on which the typed draft is placed before the dictating member Date on which the typed draft is placed before the other member Date on which the approved draft comes to the Sr. PS/ PS Date on which the fair order is placed before the dictating member for pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order "