Assistant Commissioner of Income Tax, Circle-1(1), New Delhi, C.R. Building V. Allied Nippon Pvt Ltd, New Delhi

ITA 3108/DEL/2023

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 0280 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-03-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 30-10-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KANV BALI
• Assessee Lawyers: PRAVEEN KUMAR; GAURAV BUDDI
• Keywords: Tax effect

Judgement Text

I.T.A.No.3108/Del/2023 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND DR. RR KUMAR, ACCOUNTANT MEMBER आ .अ.स ं /.I.T.A No.3108/Del/2023 /Assessment Year:2017-18 ACIT, Circle-1(1), C.R. Building, NewDelhi. ब म Vs. Allied Nippon Pvt. Ltd., GA-2, Block No.B-1, Extension Mohan Cooperative Industrial Estate, New Delhi. PAN No. AAACA0494M अ Appellant /Respondent Revenue by Shri Kanv Bali, Sr. DR Assessee by CA Praveen Kumar & Shri Gaurav Buddi, CA स ु नवाईक तारीख/ Date of hearing: 21.03.2024 उ ोषणाक तारीख/Pronouncement on 21.03.2024 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal by Revenue has been directed against the order of Ld. PCIT, New Delhi dated 12.10.2023 for AY 2017-18. 2. The Ld. Counsel for Assessee submits that the Revenue effect in this appeal is less than Rs.50 lakhs. Referring to the grounds of appeal of the Revenue it is submitted that the disputed addition is only Rs.49,17,435/- on which the tax effect is less than Rs.50 lakhs. I.T.A.No.3108/Del/2023 2 3. We have heard the arguments of Ld. DR and have perused the relevant material placed before us. It is observed that the tax effect in the present appeal of the Revenue is below Rs.50 lakhs. As per Circular No.21/2015 dated 10 th December, 2015, the CBDT has clearly laid down that the Revenue should not prefer appeals before the ITAT if the tax effect involved in the appeal, excluding interest, is less than Rs.50 lakhs. In view thereof, the appeal filed by the Revenue is not maintainable and is dismissed. 4. In the result, the appeal of Revenue is dismissed. Order pronounced in the open court on 21.03.2024 Sd/- Sd/- (DR. BRR KUMAR) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 21.03.2024 *Kavita Arora, Sr. P.S. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order Assistant Registrar, ITAT: Delhi Benches-Delhi