Add. CIT Spl. Range-2, New Delhi V. Cherry Hill Interiors Pvt Ltd, New Delhi

ITA 2289/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5731 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 13-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANGEETA YADAV
• Keywords: Tax effect; Retrospective amendment; Tax effect

Judgement Text

Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “B”: NEW DELHI ] BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER A N D SHRI N. K. CHOUDHRY, JUDICIAL MEMBER (Through Video Conferencing) ITA. No. 2289/Del/2019 (Assessment Year : 2014-15) Addl. CIT, Special Range : 2, New Delhi. Vs. M/s. Cherry Hill Interiors Ltd., E – 36, East of Kailash, New Delhi –110 065. PAN: AACCC2197F (Appellant) (Respondent) Assessee by : Shri Manish Dubey, C. A.; Department by: Ms. Sangeeta yadav, Sr.D.R. Date of Hearing : 23/12/2021 Date of pronouncement : 23/12/2021 O R D E R PER N. K. CHOUDHRY, J. M. 1. This appeal has been preferred by the Revenue–Department against the order dated 11.12.2018 passed by the ld. Commissioner of Income Tax (Appeals)–2, New Delhi, for assessment year 2014-15. 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 Page | 2 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 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 : 23/12/2021. Sd/- Sd/- ( R. K. PANDA ) ( N. K. CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 23/12/2021. *MEHTA* Copy forwarded to 1. Appellant; Page | 3 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 23.12.2021 Date on which the typed draft is placed before the dictating member 23.12.2021 Date on which the typed draft is placed before the other member 23.12.2021 Date on which the approved draft comes to the Sr. PS/ PS 23.12.2021 Date on which the fair order is placed before the dictating member for pronouncement 23.12.2021 Date on which the fair order comes back to the Sr. PS/ PS 23.12.2021 Date on which the final order is uploaded on the website of ITAT 23.12.2021 date on which the file goes to the Bench Clerk 23.12.2021 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