ACIT, Circle-59(1), New Delhi V. Chandra Shekhar Verma, New Delhi

ITA 4241/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8135 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 08-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI (Through Video Conferencing) BEFORE, SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.4241/Del/2019 (ASSESSMENT YEAR 2015-16) ACIT, Circle-59(1), Delhi. Vs. Sh. Chandra Shekhar Verma, F-603, Prince Apartments, Plot No.54, I. P. Extension Parpaganj, New Delhi-110 092. PAN-AAEPV 3988L (Appellant) (Respondent) Appellant By Sh. V.K. Tulsiyan, CA & Sh. Kanhiya Lal, Adv. Respondent by Sh. Parikshit Singh, Sr. DR ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Revenue is filed against the order of Learned Commissioner of Income Tax (Appeals)-19, New Delhi [Ld. CIT(A)”, for short], dated 25.02.2019 for Assessment Year 2015-16. Grounds taken in this appeal of Revenue are as under: 2 ITA No.4241/Del/2019 ACIT vs. Chandra Shekhar Verma “i) The Order of the CIT(A) is bad in law and not in consonance with facts of the case. ii) The Ld. CIT(A) has erred on facts in deleting the addition made by the AO on account of income on receipts from M/s CMC Ltd. which was not recorded in the books of accounts of assessee. iii) The appellant craves leave to add, amend or alter any of the foregoing grounds of the appeal at the time of hearing.” (B) At the outset, it was brought to our notice at the time of hearing, by learned Counsel for Revenue, that tax effect in this appeal is below Rs. 50,00,000/-. He further submitted, that vide recent CBDT Circular No.17/2019 dated 08.08.2019 read with earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold limit of tax effect for filing of appeals by Revenue in Income Tax Appellate Tribunal ("ITAT", for short) has been enhanced to Rs. 50,00,000/-; and that in a subsequent clarification issued by CBDT vide F. No. 279/Misc/M-93/2018-lTJ, dated 20/08/2019, it has been clarified by CBDT that the aforesaid revised monetary limit is also applicable to all pending appeals in ITAT. In view of the foregoing, it was submitted by Ld. Counsel for Assessee, that this appeal is not maintainable. The Ld. Senior Departmental Representative for Revenue was in agreement with the submissions of Ld. Counsel for the assessee. He did not press 3 ITA No.4241/Del/2019 ACIT vs. Chandra Shekhar Verma the appeal. Therefore, this appeal is dismissed being not pressed; and also being not maintainable having regard to aforesaid CBDT Circular No. 17/2019 dated 08.08.2019 read with aforesaid CBDT Circular No. 3 of 2018 in the light of aforesaid clarification dated 20.08.2019. (C) Before leaving, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act, 1961; seeking recall of this order and, for restoration of this appeal if it is found that appeal of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018. (D) In the result, this appeal by Revenue is dismissed. This order was already pronounced orally on 24 th February, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of hearing. Now, this written order in writing is signed today on 28.02.2022. Sd/- Sd/- (KUL BHARAT) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28.02.2022 Pk 4 ITA No.4241/Del/2019 ACIT vs. Chandra Shekhar Verma Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI