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

ITA 230/DEL/2022

AI Insights

The case involves an appeal by the Revenue against the order of the Ld. CIT(A)-29, Delhi, concerning the Assessment Year 2016-17. The Revenue challenged the order, but during the proceedings, it was brought to attention that the tax effect involved was less than Rs. 50 lakhs, as per the CBDT Circular No. 17/2019. Both parties agreed that the appeal should be dismissed based on this circular. Furthermore, the assessee also filed a Cross Objection, which was later withdrawn during the hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121806 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 21-06-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 31-01-2022
• Laws Referred To: CBDT Circular No. 17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHILIP JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘C’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER ITA No.230/DEL/2022 [Assessment Year: 2016-17] ACIT, Central Circle-26, Delhi Room No.323, ARA Centre, Jhandewalan Extn. New Delhi-110055 Vs M/s Jai Maa Bhawani Overseas Pvt. Ltd. B-5/263, Sector-3, Rohini, New Delhi-110085 PAN-AABCJ0239L Revenue Assessee Cross Objection No.20/Del/2023 (Arising out of ITA No.230/DEL/2022) [Assessment Year: 2016-17] M/s Jai Maa Bhawani Overseas Pvt. Ltd. B-5/263, Sector-3, Rohini, New Delhi-110085 Vs ACIT, Central Circle-26, Delhi Room No.323, ARA Centre, Jhandewalan Extn. New Delhi- 110055 PAN- AABCJ0239L Assessee Revenue Assessee by Ms. Shilip Jain, CA Revenue by Mr. Waseem Arshad, CIT(DR) Date of Hearing 22.06.2023 Date of Pronouncement 22.06.2023 ORDER PER SHAMIM YAHYA, AM, This appeal by the Revenue is directed against the order of the Ld. CIT(A)-29, Delhi, dated 24.11.2021 pertaining to Assessment Year 2016-17. 2 ITA No.230/Del/2022 2. At the outset, at the time of hearing, the ld. Counsel for the assessee brought to our attention that CBDT vide Circular No. 17/2019 dated 08th August 2019 has decided that the revenue would not prefer any appeal before the Tribunal if the tax effect is less than Rs. 50 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the Instruction of the CBDT. 3. The Ld. CIT-DR did not object the above proposition. 4. Upon careful consideration, we find that the CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals 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. 5. 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. 6. 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. 3 ITA No.230/Del/2022 Cross Objection No.20/Del/2023 7. The ld. Counsel for the assessee pleaded to withdraw the cross objection and we permit the same. 8. In the result, appeal of the Revenue stands dismissed and Cross Objection of the assessee is also dismissed. Order pronounced in the open court on 22 nd June, 2023. Sd/- Sd/- [YOGESH KUMAR US] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; 22.06.2023. f{x~{tÜ? f{x~{tÜ?f{x~{tÜ? f{x~{tÜ? Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi