DCIT, Circle-1(1), New Delhi V. ATS Realty Pvt. Ltd., New Delhi

ITA 2725/DEL/2022

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5089 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-11-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 20-11-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

I.T.A. No. 2725/Del/2022 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “A” : DELHI ] [THROUGH VIDEO CONFERENCING] BEFORE SHRI G. S. PANNU, HON’BLE VICE-PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A No.2725/Del/2022 िनधाᭅरणवषᭅ/Assessment Years: 2019-20 DCIT, Circle : 1 (1) New Delhi. बनाम Vs. ATS Realty Pvt. Ltd., 711-92, Deepali, Nehru Place, New Delhi – 110 019. PAN No. AAKCA8497L अपीलाथᱮ / Appellant ᮧ᭜यथᱮ/ Respondent िनधाᭅᳯरतीकᳱओरसे /Assessee by : Shri Abhishek Jain, C. A.; राज᭭वकᳱओरसे / Department by : Shri Kanv Bali, Sr. D. R. सुनवाईकᳱतारीख/ Date of hearing : 16/11/2023 उ᳃ोषणाकᳱतारीख/Pronouncement on : 29/11/2023 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals) [hereinafter referred to I.T.A. No. 2725/Del/2022 2 CIT (Appeals)]/National Faceless Appeal Centre [NFAC] Delhi, dated 26.09.2022 for assessment year 2019-20. 2. At the time of hearing, it is noticed that tax effect involved in this appeal is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT Circular No.17/2019 dated 8 th August, 2019 wherein the Revenue has been 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. 3. In view of the CBDT Circular No.17/2019 dated 8 th August, 2019, we are of the view that the aforesaid appeal is not maintainable because of low tax effect i.e. less than Rs.50,00,000/-. 4. In the result, the appeal filed by the Revenue, is dismissed being infructuous. Order pronounced in the open court on : 29/11/2023. Sd/- Sd/- ( G. S. PANNU ) ( C. N. PRASAD ) VICE-PRESIDENT JUDICIAL MEMBER Dated : 29/11/2023. *MEHTA* आदेश की Ůितिलिप अŤेिषत / Copy of Order Forwarded to:- 1. आवेदक / Assessee 2. राजˢ / Revenue 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ- अपील / CIT (A) I.T.A. No. 2725/Del/2022 3 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, DELHI / DR, ITAT, DELHI 6. गाडŊ फाइल / Guard file. By order ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 21.11.2023 Date on which the typed draft is placed before the dictating Member 28.11.2023 Date on which the typed draft is placed before the Other Member 29.11.2023 Date on which the approved draft comes to the Sr. PS/PS 29.11.2023 Date on which the fair order is placed before the Dictating Member for pronouncement 29.11.2023 Date on which the fair order comes back to the Sr. PS/PS 29.11.2023 Date on which the final order is uploaded on the website of ITAT 29.11.2023 Date on which the file goes to the Bench Clerk 29.11.2023 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