DCIT, Circle-4(2), New Delhi V. Compro Technologies Pvt. Ltd., New Delhi

ITA 2579/DEL/2022

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8038 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 22-01-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 20-10-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PARVESH KUMAR SHARMA
• Keywords: Tax effect
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : H : NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE VICE PRESIDENT AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.2579/Del/2022 Assessment Year: 2018-19 DCIT, Circle-4(2), New Delhi. Vs Compro Technologies Pvt. Ltd., 2LSC Udya Park, New Delhi – 110 049. PAN: AABCC4458N (Appellant) (Respondent) Assessee by : Shri Parvesh Kumar Sharma, Advocate Revenue by : Shri Sumesh Swani, Sr. DR Date of Hearing : 23.01.2024 Date of Pronouncement : 29.02.2024 ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 05.09.2022 of the National Faceless Appeal Centre, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.CIT(A), Delhi-2/10322/2019-20 arising out of the appeal before it against the order dated 17.10.2019 passed u/s 154 of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the CPC Bengaluru (hereinafter referred to as the Ld. AO). 2. Heard and perused the record. ITA No.2579/Del/2022 2 2.1 The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. 3. The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019. 4. After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed. 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 29.02.2024. Sd/- Sd/- (G.S. PANNU) (ANUBHAV SHARMA) VICE PRESIDENT JUDICIAL MEMFBER Dated, 29th February, 2024. ITA No.2579/Del/2022 3 dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi