DCIT, CIRCLE- II, INTERNATIONAL TAXATION, DEHRADUN V. GEORGE HAY HADDEN, DEHRADUN

ITA 5208/DEL/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8065 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 09-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI V.P. RAO, JUDICIAL MEMBER ITA No. 5208/Del/2017 Assessment Year: 2013-14 DCIT, Circle-II vs. George Hay Hadden, Intl. Taxation, Dehradun. Nangia & Co. 1 st Floor, IDA, 46 EC Road, Dehradun. PAN : AFWPH1683P (Appellant) (Respondent) Appellant by : Sh. T.S. Mapwal, Sr. DR Respondent by: Sh. Amit Arora, Adv. Date of hearing: 22.11.2021 Date of order : 22.11.2021 ORDER PER V.P. RAO, J.M. This appeal by the Revenue is directed against the order dated 08.06.2017 of CIT(A) for the assessment year 2013-14. 2. At the time of hearing, learned DR has fairly accepted the fact that the tax effect in the present appeal of the Revenue is below the threshold monetary limit provided by CBDT Circular No. 17/2019 dated 08 th August 2019. Therefore, the same is not maintainable. 2 3. Learned AR has submitted that the tax effect in the present appeal is below Rs.50.00 lacs as prescribed by CBDT Circular No. 17/2019 dated 08 th August 2019 and therefore, the appeal of the Revenue is not maintainable and liable to be dismissed. 4. In view of the undisputed fact that the tax effect in the present appeal of the Revenue is not exceeding the threshold monetary limit of Rs.50.00 lacs prescribed by CBDT Circular No. 17/2019 dated 08 th August 2019, the appeal of the Revenue is not maintainable. It is also not a case falling in any of the exceptions provided in the CBDT Circular. Therefore, present appeal of the Revenue is dismissed being not maintainable on account of low tax effect. 5. In the result, the appeal of the Revenue is dismissed being not maintainable. Order pronounced in the open court on 22 nd day of November, 2021 after conclusion of virtual hearing. Sd/- Sd/- (R.K. PANDA) (V.P. RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 22/11/2021 ‘aks’