ACIT Circle-8(1), New Delhi V. Educomp Infrastructure & School Management Ltd., Gurgaon

ITA 3010/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8783 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2022
• 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

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 3010/Del/2019 : Asstt. Year : 2015-16 ACIT, Circle-8(1), New Delhi Vs Educomp Infrastructure & School Management Ltd., 514, Phase-III, Udyog Vihar, Gurgaon-122001 (APPELLANT) (RESPONDENT) PAN No. AABCE6852E Assessee by : Sh. Harpreet Singh Ajmani, Adv. Revenue by : Sh. Kumar Parnav, Sr. DR Date of Hearing: 16.02.2022 Date of Pronouncement: 16.02.2022 ORDER Per Sh. Yogesh Kumar US, Judicial Member: The present appeal has been filed by the Revenue against the order of ld. CIT(A)-18, New Delhi dated 15.01.2019. 2. As per the instant Circular No. 17/2019 dated 08/08/2019 inforce, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. 3. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not ITA No.3010/Del/2019 Educomp Infrastructure & School Management Ltd. 2 maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular. 4. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 16/02/2022. Sd/- Sd/- (Dr. B. R. R. Kumar) (Yogesh Kumar US) Accountant Member Judicial Member Dated: 16/02/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR