ACIT, Circle- 1, Haldwani V. Shanti Refrigeration Industries Pvt. Ltd., Pantnagar

ITA 41/DDN/2019

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax (ACIT), Haldwani against Shanti Refrigeration Industries Pvt. Ltd. concerning the assessment year 2013-14. The appeal was filed against the order of the Commissioner of Income Tax (Appeals), Haldwani. During the proceedings, the counsel for the assessee argued that the tax effect involved in the appeal was below the threshold of Rs. 50 lakhs set by the CBDT for filing appeals. Both parties conceded to this fact, and the tribunal referenced CBDT Circular No. 17/2019, which advises against filing appeals with a tax effect below the specified limit. Consequently, the tribunal dismissed the appeal as infructuous due to the low tax effect.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 108614 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 14-12-2022
• Assessment Year: 2013-2014
• Appeal Filed On: 02-06-2019
• Other Referred Cases: Dinesh Madhavlal Patel [TS-469-ITAT-2019(Ahd)] 2019-TIOL-1556-ITAT-AHM
• Laws Referred To: CBDT Circular No.17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 27

Judgement Text

1 ITA No. 41/DDN/2019 ACIT Vs Shanti Refrigeration IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH : “DB” NEW DELHI ] BEFORE DR. B. R. R. KUMAR, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER I.T.A. No. 41/DDN/2019 (A.Y 2013-14) ACIT Haldwani, Uttarakhand (APPELLANT) Vs. Shanti Refrigeration Industries Pvt. Ltd. Plot No. 27 & 28, Sector-7, SIDCUL, Pantnagar, PAN No. AALCS3426J (RESPONDENT) z ORDER PER DR. B. R. R. KUMAR, AM This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals), Haldwani [hereinafter referred to CIT (Appeals) dated 17/05/201901/03/2019 for assessment year 2013-14. Assessee by Sh. Venketesh Chaurasia, Adv Department by Sh. Poonam Sharma, Addl. CIT Date of Hearing 15.12.2022 Date of Pronouncement 16.12.2022 2 ITA No. 41/DDN/2019 ACIT Vs Shanti Refrigeration 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in this appeal is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the appeal on account of low tax effect. 3. Perusal of the aforesaid appeal filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.17/2019 dated 8 th August, 2019, wherein the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the learned Senior Departmental Representative. 4. We have heard both the parties and perused the material on record. Perusal of CBDT Circular (supra) shows that monetary limit for filing the appeal by the parties before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised. In view of the CBDT Circular No.17/2019 dated 8 th August, 2019 having retrospective effect as coordinate Bench of the Tribunal in case of Dinesh Madhavlal Patel [TS-469-ITAT-2019(Ahd)] 2019-TIOL-1556-ITAT-AHM dated 14 th August, 2019 has already decided the issue as to the applicability of the captioned circular to the pending appeals in affirmative. We are of the considered view that the aforesaid appeal is not maintainable due to low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous. However, in case, the present appeal is found to be maintainable at any stage for any technical reasons, the Revenue shall be at liberty to seek recall of this order under relevant provisions of law. 3 ITA No. 41/DDN/2019 ACIT Vs Shanti Refrigeration 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the Open Court on : 16.12.2022. Sd/- Sd/- (YOGESH KUMAR U.S.) (Dr. B. R. R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 16/12/2022 *R.N, Sr PS* Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA No. 41/DDN/2019 ACIT Vs Shanti Refrigeration