ACIT, Circle-24(2), New Delhi V. SNB Enterprises Pvt. Ltd., New Delhi

ITA 2997/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3527 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 04-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

I N T HE INCOME TAX APPELLATE TRIBUNAL DELHI ‘B’ BENCH, NEW DELHI BEFORE SHRI RAMA KANTA PANDA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 2997/Del/2019 Assessment Year : 2015-16 ACIT, CIRCLE 24(2), Room No. 340, CR Building, New Delhi – 92 Vs. M/S SNB Enterprises Pvt. Ltd., C-16, SMA Indust rial Area, GT Karnal Road, New Delhi – 110 033 (PAN: AABCS6288G) (Appellant) (Respondent) Reve nue by : Sh. Nippun Mittal, CA Assessee by : Sh. Vivek Vardhan, Sr. DR Date of hearing : 28.04.2022 Date of pronouncement : 28.04.2022 ORDER PER RAMA KANTA PANDA, AM: This appeal by the Revenue for the assessment year 2015-16 is directed against the order of Lear ned CIT(A)-8, New Delhi dated 15.02.2019. 2. At the time of hearing, Ld. AR f or the assessee has submitted that the tax effect in the appeal of the Revenue is below Rs. 50 lakhs. He further submitted that CBDT in its Circular No.17/2019 dated 8 th August, 2019 has revised the monetary limit f or filing of the departmental appeals to the ITAT at Rs. 50 lakhs. : 2 : 3. Learned Sr. DR agreed that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs. 4. In view of t he above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8 th August, 2019, as not maintainable. However, if on a later date, t he Revenue finds t hat the tax effect in dispute in the aforesaid appeal is more than the limit prescr ibed or it is protected by any of the exceptions provided in t he CBDT Circular, it shall be at liberty to approach the Tribunal f or recall of the order and reinstit ution of the appeal for adjudication on mer its. The Tribunal shall consider such application, as per the extant law. 5. In the result, in view of the af oresaid discussion, the Revenue’s appeal stands dismissed. Above decision was pronounced in the Open Court on 28 th April, 2022. Sd/- Sd/- (ANUBHAV SHARMA) (RAMA KANTA PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER SRBhatnagar Copy f orwa rded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar