DCIT, Circle-12(1), New Delhi V. Indo Rama Industries Ltd, Chandigarh

ITA 5496/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8565 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 22-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUMAR PADMAPANI BORA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI ‘C’ BENCH, NEW DELHI BEFORE SHRI RAMA KANTA PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA RAGUNATH KAMBLE, JUDICIAL MEMBER ITA No. 5496/Del/2018 Assessment Year : 2015-16 DCIT, CIRCLE 12(1) , NEW DELHI ROOM NO. 405, C.R. BUILDING, NEW DELHI Vs. M/S INDO RAMA INDUSTRIES LTD. , TOER-F, 3 RD FLOOR, DLF IT PARK, CHANDIGARH (PAN: AABCI19690N) (Appellant) (Respondent) Revenue by : Sh. Kumar Padmapani Bora, Sr. DR. Assessee by : None Date of hearing : 15.11.2021 Date of pronouncement : 15.11.2021 ORDER PER RAMA KANTA PANDA, AM: This appeal by the Revenue for the assessment year 2015-16 is direc ted against the order of Lear ned CIT(A)-4, New Delhi dated 20.06.2018. 2. None appeared on behalf of the assessee. After perusal of the records, it is revealed t hat that the tax effect in t he 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 f or filing of t he departmental appeals to the ITAT at Rs. 50 lakhs. : 2 : 3. Learned Sr. DR agreed that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs. 4. In view of t he above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circ ular No.17/2019 of the CBDT dated 8 th August, 2019, as not maintainable. However, if on a later date, t he Revenue finds t hat the tax effect in dispute in the aforesaid appeal is more than the limit presc ribed or it is protec ted by any of the exceptions provided in t he CBDT Circ ular, it shall be at liberty to approach the Tribunal f or rec all of the order and reinstit ution of the appeal for adjudic ation on mer its. The Tribunal shall c onsider such applic ation, as per the extant law. 5. In the result, in view of the af oresaid disc ussion, the Revenue’s appeal stands dismissed. Above dec ision was pronounced in the Open Court on 15 th November, 2021. Sd/- Sd/- (SUCHITRA RAGUNATH KAMBLE) (RAMA KANTA PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER SRB. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar