ACIT Central Circle-II, Noida V. Tirupati LPG Industries (P) Ltd. , Delhi

ITA 1223/DEL/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6832 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2019-2020
• Appeal Filed On: 26-05-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Retrospective amendment; Tax effect

Judgement Text

I.T.A. No. 1223/Del/2022 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND Dr. B.R.R. KUMAR, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No. 1223/Del/2022 िनधाᭅरणवषᭅ/Assessment Year: 2019-20 ACIT, Central Circle – II, New Delhi. बनाम Vs. M/s. Tirupati LPG Industries Pvt. Ltd., D-14, Preet Vihar, Delhi – 110 092. PAN No. AABCT2368J अपीलाथᱮ/ Appellant ᮧ᭜यथᱮ/ Respondent िनधाᭅᳯरतीकᳱओरसे / Assessee by : Shri Pranav Yadav, Advocate; राज᭭वकᳱओरसे / Department by : Ms. Rajeshwari R., [JCIT] – Sr. D. R.; सुनवाईकᳱतारीख/ Date of hearing : 15.09.2022 उ᳃ोषणाकᳱतारीख/Pronouncement on : 15.09.2022 आदेश / O R D E R PER C. N. PRASAD, J.M. 1. This appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal I.T.A. No. 1223/Del/2022 2 Centre (hereinafter referred to NFAC) dated 24.02.2022 for assessment year 2019-20. 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in this appeal is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the Revenue’s appeal on account of low tax effect. 3. Perusal of the aforesaid appeal filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.17/2019 dated 8 th August, 2019 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the learned Senior Departmental Representative. 4. We have heard both the parties and perused the material on record. Perusal of CBDT Circular (supra) shows that monetary limit for filing the appeal by the Department before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised. In view of the CBDT Circular No.17/2019 dated 8 th August, 2019 having retrospective effect as coordinate Bench of the Tribunal in case of Dinesh Madhavlal Patel [TS- 469-ITAT-2019(Ahd)] 2019-TIOL-1556-ITAT-AHM dated 14 th August, 2019 has already decided the issue as to the applicability of the captioned circular to the pending appeals in affirmative and what has been discussed above, we are of the considered view that the aforesaid appeal is not maintainable because of low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous. However, in case, the present appeal is found to be maintainable at any stage for any I.T.A. No. 1223/Del/2022 3 technical reasons, the Department shall be at liberty to seek recall of this order under relevant provisions of law. 5. In the result, the appeal filed by the Revenue, is dismissed being infructuous. Order pronounced in the open court on : 15/09/2022. Sd/- Sd/- ( B. R. R. KUMAR ) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 15/09/2022. *MEHTA* Copy forwarded to :- 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 15.09.2022 Date on which the typed draft is placed before the dictating member 15.09.2022 Date on which the typed draft is placed before the other member 15.09.2022 Date on which the approved draft comes to the Sr. PS/ PS 15.09.2022 Date on which the fair order is placed before the dictating member for pronouncement 15.09.2022 I.T.A. No. 1223/Del/2022 4 Date on which the fair order comes back to the Sr. PS/ PS 15.09.2022 Date on which the final order is uploaded on the website of ITAT 15.09.2022 Date on which the file goes to the Bench Clerk 15.09.2022 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