DCIT Circle-11(1), New Delhi V. Halcrow Consulting India Pvt. Ltd., New Delhi

ITA 5260/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 2569 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I1
• Assessment Year: 2014-2015
• Appeal Filed On: 06-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 268A

Judgement Text

I.T.A.No.5260/Del/2019/A.Y.2014-15 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I-1” NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.स ं /.I.T.A No.5260/Del/2019 /Assessment Year:2014-15 DCIT Circle 11(1), Room No. 247, 2 nd Floor, C.R. Building, New Delhi. ब म Vs. Halcrow Consulting India Pvt. Ltd., R-27, 2 nd Floor, Pratap Market, Jangpura B., Mathura Road, New Delhi. PAN No. AABCH3579B अ Appellant /Respondent Revenue by Shri Mrinal Kumar Das, Sr. DR Assessee by Ms. Ananya Kapoor, Adv. स ु नवाईक तारीख/ Date of hearing: 11.05.2022 उ ोषणाक तारीख/Pronouncement on 11.05.2022 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal by Revenue has been directed against the order of Ld. CIT(Appeals)-44, New Delhi dated 20.03.2019 for AY 2014-15. 2. The Ld. Counsel for Assessee submits that the Revenue effect in this appeal is less than Rs.50 lakhs. Referring to the consequential order dated 19.01.2021 passed by the AO giving effect to Ld. CIT(A) order it is submitted that the disputed addition I.T.A.No.5260/Del/2019/A.Y.2014-15 2 in the Revenue’s appeal is Rs.1,18,01,798/- on which the tax effect is less than Rs.50 lakhs. 3. We have heard Ld. Representatives of both the parties and perused the order dated 19.01.2021 passed by AO giving effect to Ld. CIT(A) order. Admittedly, the tax effect in the Departmental appeal is less than Rs. 50 lakhs since the relief granted by the Ld. CIT(A) on account of TP adjustment was Rs.1,18,01,798/-. Vide Circular No. 3/18 dated 11.07.2018 issued by CBDT u/s 268A of the I.T. Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs. 20 lakhs. It is also directed that this Instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below this specified tax effect may be withdrawn/not pressed. The aforesaid circular has been amended by issuing further Circular No. 17/2019, whereby the monetary limit for filing Income-tax appeals before the Tribunal has been enhanced to Rs. 50 lakhs. Ld. DR in view of the above Board Circular did not press the Departmental appeal. The case of the Department would not fall in the exceptions provided in the above Board Circular. In the result, the Departmental appeal is not maintainable as the appeal is filed I.T.A.No.5260/Del/2019/A.Y.2014-15 3 against the Board Instruction referred to above and, therefore, the appeal of the Department is liable to be dismissed. 4. In the result, the Departmental appeal is dismissed. Order pronounced in the open court on 11.05.2022 Sd/- Sd/- (G.S. PANNU) (C.N. PRASAD) PRESIDENT JUDICIAL MEMBER Dated: 11.05.2022 *Kavita Arora, Sr. P.S. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order Assistant Registrar, ITAT: Delhi Benches-Delhi