ACIT, Circle-15(2), New Delhi V. Lotus Auto Engineering Ltd., New Delhi

ITA 6403/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5058 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 18-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAURAV PUNDIR
• Keywords: Tax effect
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 6403 /DEL/201 7 ASSESSMENT YEAR : 20 1 3 - 14 ACIT, CIRCLE - 15(2), NEW DELHI. VS LOTUS AUTO ENGINEERING LT D., 70, BASEMENT, NAVJEEVAN VIHAR, NEW DELHI. PAN: AABCL9253C (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : NONE RE VENUE BY : SHRI GAURAV PUNDIR, SR. DR DATE OF HEARING : 2 7 . 0 9 . 20 21 DATE OF PRONOUNCEMENT : 27 . 0 9 . 20 21 ORDER PER R. K. PANDA, AM : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 01 .0 8 . 201 7 OF THE CIT(A) - 5, DELHI, RELATING TO ASSESSMENT YEAR 20 1 3 - 14 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. SINCE THE TAX EF FECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS, THEREFORE, THIS APPEAL WAS TAKEN UP FOR HEARING. 3. A PERUSAL OF THE RECORD SHOWS THAT TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS. THE CBDT, VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAS RAISED THE MONETARY LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS. VIDE NOTIFICATION DATED 20 TH AUGUST, 2019 IT HAS BEEN CLARIFIED THAT THE REVISED MONETARY LIMIT SO MENTIONED I N THE CIRCULAR NO.17/2019 IS APPLICABLE EVEN TO PENDING APPEALS. SINCE, IN THE INSTANT CASE, ADMITTEDLY, THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED ITA NO. 6403 /DEL/201 7 2 BY THE REVENUE IS BELOW RS.50 LAKHS, THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST , 2019 AND THE SUBSEQUENT CLARIFICATION BY THE CBDT ON 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE SAME IS DISMISSED. 4. HOWEVER, IF T HE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. 5 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 27 . 0 9 .20 21 . SD/ - S D/ - ( SUCHITRA KAMBLE ) ( R. K. PANDA ) JUDICIAL M EMBER ACCOUNTANT MEMFBER DATED: 27 TH SEPTEMBER, 20 21. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI