DCIT, CC-4, New Delhi V. D.S. Realtors Pvt. Ltd., New Delhi

ITA 1422/DEL/2021

AI Insights

The case involves an appeal by the Revenue against the order passed by the Commissioner of Income Tax (Appeals)-30, New Delhi, concerning the assessment year 2017-18. The appeal arose from an assessment order dated 25.12.2019 under section 143(3) of the Income-tax Act, 1961, by the Assistant Commissioner of Income Tax, Central Circle-29, New Delhi. The primary contention in the appeal was the tax effect involved, which was argued to be below the monetary threshold of Rs. 50 lakhs as per the revised CBDT Circular No. 17/2019. Both parties presented their arguments, with the assessee's counsel highlighting the applicability of the CBDT Circular, which the Senior DR could not effectively counter.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108509 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 31-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 10-10-2021
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 143(3)

Judgement Text

1 ITA No. 1422/Del/2021 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 1422/DEL/2021 Assessment Year: 2017-18 DCIT, Central Circle-29, New Delhi. Vs M/s D.S. Realtors Pvt. Ltd., 1711, S.P. Mukherjee Marg, Delhi-110006. PAN-AACCD2839F APPELLANT RESPONDENT Assessee represented by Sh. Satyjit Goel, CA Department represented by Sh. Amit Katoch, Sr. DR Date of hearing 01.08.2023 Date of pronouncement 08.08.2023 O R D E R PER ANUBHAV SHARMA, JM: The Revenue has come in appeal against the order dated 22.07.2021 passed by the Commissioner of Income Tax (Appeals)-30, New Delhi (hereinafter referred as “learned First Appellate Authority” or in short “FAA”) in appeal no. 10455/2019-20 for the assessment year 2017-18, arising out of assessment order 2 ITA No. 1422/Del/2021 dated 25.12.2019 u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred as the “Act”), passed by the Assistant Commissioner of Income Tax, Central Circle- 29, New Delhi (hereinafter referred in short as “Ld. AO”). 2. At the outset, learned counsel for the assessee submitted that the tax effect involved in the appeal of the Revenue is below Rs. 50 lakhs, therefore, in view of the CBDT Circular No. 17/2019 dated 8 th August, 2019, revising the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs, the present appeal of the Revenue is not maintainable. 3. The learned Sr. DR could not controvert the averments made by the learned counsel that the tax effect involved in the instant appeal is less than Rs. 50 lakhs. 5. In view of the above factual position, the tax effect involved in the appeal being less than Rs. 50 lakhs, we deem it proper to dismiss the appeal of the Revenue in the light of the CBDT Circular No. 17/2019 dated 8 th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to 3 ITA No. 1422/Del/2021 approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law. 6. In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed. Order pronounced in the open court on 08.08.2023. Sd/- Sd/- (M. BALAGANESH) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI