ACIT, CIRCLE- 3, NAINITAL V. MARUTI NANDAN SAH, NAINITAL

ITA 4508/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5588 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 13-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PAVAN NATH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “FRIDAY” : NEW DELHI [THROUGH VIRTUAL HEARING] BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ITA NO. 4508/DEL/2018 AY : 2009-10 ACIT, Circle-3, Nainital, Uttarakhand Vs. Sri MARUTI NANDAN SAH, 86, RAMSAY ROAD, TALLITAL, NAINITAL, UTTARAKHAND (PAN: BBXPS5336N) (Appellant) (Respondent) For Assessee : Sh. Pavan Nath, CA For Revenue : Sh. N.C. Upadhyaya, Sr. DR. Date of Hearing : 24.12.2021 Date of Pronouncement : 24.12.2021 ORDER PER CHALLA NAGENDRA PRASAD, JM : This appeal by the Revenue for the assessment year 2009-10 is directed against the order of Learned CIT(A), Haldwani dated 05.04.2018. 2. Learned Counsel for the assessee has submitted that the tax effect in the appeal of the Revenue is below Rs. 50 lakhs. The CBDT in its Circular No.17/2019 dated 8 th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs. 2 ITA.No.4508/Del/2018 3. Learned CIT(DR) agreed that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs. 4. In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8 th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law. 5. In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed. Order pronounced in the open court at the time of virtual hearing itself i.e., on 24.12.2021. Sd/- Sd/- [R.K. Panda] [Challa Nagendra Prasad] Accountant Member Judicial Member Delhi; Dated 24 th December, 2021. VBP/- Copy to 1. The assessee 2. The respondent 3. CIT(A) concerned 4. CIT concerned 5. D.R. ITAT ‘F’ Bench, Delhi 6. Guard File. // By Order // Assistant Registrar : ITAT Delhi Benches : Delhi.