ITO, New Delhi V. M/s. AASL (India) Properties and Infrastructure (P) Ltd., Delhi

ITA 646/DEL/2015

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0892 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-10-2023
• Assessment Year: 2006-2007
• Appeal Filed On: 01-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A: NEW DELHI BEFORE SHRI G.S PANNU, HON’BLE PRESIDENT AND SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER ITA No.646/Del/2015 Assessment Year: 2006-07 ITO, Ward-1(1), New Delhi Vs. M/s. AASL (India) Properties and Infrastructure (P) Ltd., 4A/10, Old Rajinder Nagar, Delhi 110060 PAN No. AAFCA 2949 A (APPELLANT) (RESPONDENT) Assessee by Shri Pranav Yadav, Adv. Revenue by Shri Kanv Bali, Sr. DR Date of hearing: 10.10.2023 Date of Pronouncement: 10.10.2023 PER C.M. GARG, JM : This appeal has been filed by the Revenue against the order of Ld. CIT-IV, New Delhi dated 14.11.2014 for A.Y. 2006-07. 2. That the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8 th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20 th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. 3. The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8 th August, 2019 and the subsequent clarification dated 20 th August, 2019. 4. After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8 th August, 2019 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20 th August, 2019 to the effect that the said Circular is applicable ITA No.646/Del/2015 2 even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed. 5. However, if the 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. 6. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 10.10.2023 Sd/- /- Sd/- (G.S PANNU) (CHANDRA MOHAN GARG) PRESIDENT JUDICIAL MEMBER Dated: 10 th October, 2023 NV/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR // By Order // Asstt. Registrar, ITAT, New Delhi