ACIT, Circle-53(1), New Delhi V. National Federation of Cooperative Sugar Factory Ltd, New Delhi

ITA 3732/DEL/2019

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 116264 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 14-09-2022
• Assessment Year: misc
• Appeal Filed On: 28-06-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’ NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 3732/Del/2019 Assessment Year: 2014-15 ACIT, Circle- 53(1), New Delhi VersuS National Federation of Cooperative Sugar Factory Ltd., Block C-2, Ansal Plaza, 2 nd Floor, August Kranti Marg, New Delhi. PAN: AAAAN0096J (Appellant) (Respondent) Appellant by : Sh. Raj Kumar, Ld. C.A. Respondent by: Sh. Jeetender Chand, Ld. Sr. DR Date of hearing : 13.12.2022 Date of order : 13.12.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Revenue Department against the order dated 27.02.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-18, New Delhi (in short “Ld. Commissioner”), u/s. 250 of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2014-15. 2. At the outset Ld. Sr. DR claimed that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals before Appellate Tribunal against the order of ld. ITA No. 3732/Del/2019 2 Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20 th August 2019, whereby it was clarified that revised monetary limits so mentioned in the circular 17/2019 will also be applicable to all pending SLPs/Appeals / Cross Objections/ References. Hence the instant appeal deserves dismissal being not maintainable. 3. Ld. AR did not refute the claim of the ld. Sr. DR and accepted the factual position. 4. In the result, the appeal under consideration filed by the Revenue Department stands dismissed. Order pronounced in the open court on 13/12/2022. Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-