ACIT Central Circle-26, Delhi V. Jai Maa Bhawani Overseas Pvt. Ltd. , Delhi

ITA 192/DEL/2022

AI Insights

This case involves an appeal by the revenue against the order of the CIT(A)-29, New Delhi, concerning the assessment year 2014-15. The primary issue was the maintainability of the appeal based on the tax effect involved. The revenue contended that the tax effect was significant; however, it was found to be less than Rs. 50 lakhs, which is the threshold set by the CBDT Circular No. 17/2019 for filing appeals. Consequently, the Tribunal dismissed the appeal, allowing the revenue to re-approach the Tribunal if the circumstances change regarding the tax effect.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116113 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-01-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 31-01-2022
• Laws Referred To: CBDT Circular No. 17/2019 dated 08.08.2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI BEFORE SH. C.M GARG, JUDICIAL MEMBER AND SH. PRADIP KUMAR KEDIA, ACCOUTANT MEMBER ITA No.192/Del/2022 Assessment Year: 2014-15 ACIT Central Circle-26 Delhi Vs. Jai Maa Bhawani Overseas Pvt. Ltd. B-5/263, Sector-3, Rohini, Delhi-110085 PAN No.AABCJ0239L (APPELLANT) (RESPONDENT) Appellant by Mohd. Gayasuddin Ansari, CIT (DR) Respondent by Ms. Shilpi Jain, CA Date of hearing: 19/01/2023 Date of Pronouncement: 19/01/2023 ORDER PER PRADIP KUMAR KEDIA AM: This appeal filed by the revenue is preferred against the order of the CIT(A)-29, New Delhi dated 24.11.2021 for A.Y. 2014- 15. 2. The grievance of the revenue show that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019. 3. This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs. 2 4. In the result, the appeal filed by the revenue is dismissed. The order is pronounced in the open court on 19.01.2023. Sd/- Sd/- (C.M GARG) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary Date:- .01.2023 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI