ACIT, Central Circle-6, New Delhi V. KAD Housing Pvt. Ltd., Delhi

ITA 3718/DEL/2019

AI Insights

The case involves an appeal by the revenue against the order of the Commissioner of Income Tax (Appeals)-24, New Delhi, concerning the assessment year 2013-14. The primary issue was the maintainability of the appeal based on the tax effect involved, which was claimed to be less than Rs. 50 lakhs. The revenue's appeal was dismissed by the Income Tax Appellate Tribunal, Delhi, on the basis of the CBDT Circular No. 17/2019, which stipulates that appeals with a tax effect below Rs. 50 lakhs are not maintainable.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 121737 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 04-12-2022
• Assessment Year: misc
• Appeal Filed On: 28-05-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H” NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No.3718/Del/2019 ( नधा रण वष / Assessment Year : 2013-14) ACIT CENTRAL CIRCLE – 6 NEW DELHI बनाम/ Vs. KAD Housing Pvt. Ltd. 151, Savita Vihar, Delhi-110092 थायी लेखा सं./जीआइआर सं./PAN/GIR No. AACCK4705B (अपीलाथ /Appellant) .. ( यथ / Respondent) अपीलाथ ओर से /Appellant by : Sh. M. Baranwal, CIT DR यथ क ओर से / Respondent by : Sh. C. S. Anand, Advocate स ु नवाई क तार ख / Date of Hearing 05.12.2022 घोषणा क तार ख /Date of Pronouncement 05.12.2022 आदेश/O R D E R PER PRADIP KUMAR KEDIA, AM: The captioned appeal has been filed at the instance of the revenue against the order of the Commissioner of Income Tax (Appeals)-24, New Delhi (‘CIT(A)’ in short), dated 26.02.2019 concerning AY 2013-14. 2. The grievance of the revenue show that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019. 3. This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs. 4. In the result, the appeal filed by the revenue is dismissed. The order is pronounced in the open court on 05.12.2022. SD/ - SD/ - (SAKTI JI T DEY) (PR ADIP K UM AR K EDI A) JUDI CI AL M EMBER ACCOUN TANT M EM BER Dated: /12/2022 *Neha, Sr. Private Secretary* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI This Order pronounced on 05/12/2022