DCIT, Central Circle-31, New Delhi V. SRC Buildtech Pvt. Ltd., New Delhi

ITA 1311/DEL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9030 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2017-2018
• Appeal Filed On: 03-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘H’ NEW DELHI Before Sh. C. N. Prasad, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1311/Del/2021 : Asstt. Year : 2017-18 DCIT, Central Circle-31, New Delhi-110055 Vs SRC Buildtech Pvt. Ltd., Shop No. 2/276A, Upper Ground Floor, Masjid Moth, South Extension, Part-1, New Delhi-110049 (APPELLANT) (RESPONDENT) PAN No. AAKCS8790G Assessee by : Sh. Aman Garg, CA Revenue by : Sh. Rajesh Kumar, CIT DR Date of Hearing: 07.09.2022 Date of Pronouncement: 08.09.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-30, New Delhi dated 26.07.2021. 2. According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. ITA No. 1311/Del/2021 SRC Buildtech Pvt. Ltd. 2 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular. 4. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 08/09/2022. Sd/- Sd/- (C. N. Prasad) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 08/09/2022 *Subodh* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR