ACIT, CC- 2, NEW DELHI V. MANISH PERIWAL, KOLKATA

ITA 4406/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4344 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 02-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHIVANI SINGH
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 5544/Del/2016: A.Y. 2008-09 ITA No. 5545/Del/2016: A.Y. 2009-10 ITA No. 5546/Del/2016: A.Y. 2010-11 ITA No. 5548/Del/2016: A.Y. 2012-13 ITA No. 4406/Del/2017: A.Y. 2014-15 ITA No. 2791/Del/2018: A.Y. 2015-16 ITA No. 6071/Del/2016: A.Y. 2008-09 ITA No. 6072/Del/2016: A.Y. 2009-10 ITA No. 6073/Del/2016: A.Y. 2010-11 ITA No. 6074/Del/2016: A.Y. 2011-12 ITA No. 6075/Del/2016: A.Y. 2012-13 ACIT, Central Cirecle-2, New Delhi Vs Shri Manish Periwal, R/o 9, Ezra Street, Kolkata-700001 (APPELLANT) (RESPONDENT) PAN No. AFWPP8883K Assessee by : Sh. V. K. Agarwal, AR Revenue by : Ms. Shivani Singh, CIT DR Date of Hearing: 20.04.2022 Date of Pronouncement: 20.04.2022 ORDER Per Bench: At the outset, the ld. DR submitted that the appeals have been covered by the Circular No. 17/2019 dated 08/08/2019, the CBDT issued in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. The tax will not include any ITA Nos.5544, 5545, 5546, 5548 & 6071 to 6075/Del/2016 ITA Nos. 4406/Del/2017 & ITA No. 2791/Del/2018 Manish Periwal 2 interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. 2. Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. 3. In the result, all the appeals of the Revenue are dismissed. Order Pronounced in the Open Court on 20/04/2022. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 20/04/2022 *Subodh* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR