ACIT, Circle-14(1), New Delhi V. Katyayani Jewels P.Ltd, New Delhi

ITA 2382/DEL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5451 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 05-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRINCE KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’ NEW DLEHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 2382/Del/2018 Assessment Year: 2013-14 ACIT, Circle- 14(1), New Delhi VersuS Katyayani Jewels P. Ltd., 2192/63, 3 rd Floor, Gurudwara Road, Karol Bagh, New Delhi. PAN: AADCK4055D (Appellant) (Respondent) Appellant by : Shri Prince Kumar, Ld. Adv. Respondent by : ShriAnujGarg, Ld. Sr. DR Date of hearing : 20.07.2022 Date of order : 20.07.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Revenue Department against the order dated 24.01.2018, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-36, New Delhi (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2013-14. 2. At the outset it was observed by the bench and also claimed by the Assessee that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals before appellate tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the ITA No. 2382/Del/2018 2 Circular and the CBDT Clarification dated 20 th August 2019, whereby it was clarified that revised monetary limits so mentioned in the circular 17/2019 will also be applicable to all pending SLPs/Appeals/ Cross Objections/ References. Hence the instant appeal deserve dismissal as withdrawn being not maintainable. 3. Ld. DR did not refute the claim of the Assessee and accepted the factual position. 4. In the result, the appeal under consideration filed by the Revenue Department stand dismissed as withdrawn. Order pronounced in the open court on 20/07/2022. Sd/- Sd/- (N.K. BILLAIYA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-