ACIT, CC-18, New Delhi V. Brij Kishore Kochar, New Delhi

ITA 2179/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5360 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 11-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘A’: NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI K. N. CHARY, JUDICIAL MEMBER ITA No.2179/DEL/2019 [Assessment Year: 2008-09] The Asst. Commissioner of Income Tax, Central Circle-18, Room No.275, E-2, ARA Centre, Jhandewalan Extension, New Delhi-110055 Vs Late Sh.Brij Kishore Kochar through legal Heir Sh. Amit Kochar, Sector-A, 1316, Pocket B & C, Vasant Kunj, New Delhi-110070 PAN-AAIPK1338H Revenue Assessee Revenue by Mrs. Kirti Sankratyayan, Sr. DR Assessee by Shri Tarandeep Singh, Adv. Date of Hearing 04.04.2022 Date of Pronouncement 04.04.2022 ORDER PER R.K. PANDA, AM, This appeal filed by the Revenue is directed against the order dated 18.12.2018 of the learned CIT(A)-27, New Delhi, relating to Assessment Year 2008-09. 2. However, Ld. Departmental Representative (DR) pointed out that the present appeal is to be withdrawn as the tax effect involved in the present appeal is below Rs.50 Lacs. 3. The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals 2 ITA No.2179/Del/2019 before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 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-10 of the Circular dated 11.07.2018. 5. In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed. 6. In the final result, the appeal of the Revenue stands dismissed. This order was pronounced in the open court at the time of hearing itself i.e. on 04.04.2022. Sd/- Sd/- [K.N. CHARY] [R.K.PANDA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 04.04.2022. f{x~{tÜ? f{x~{tÜ?f{x~{tÜ? f{x~{tÜ? fÜA fÜA fÜA fÜA P.S P.SP.S P.S 3 ITA No.2179/Del/2019 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi