ACIT Circle-20(2), New Delhi V. Quatrro Global Services Pvt. Ltd., Gurgaon

ITA 6621/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4689 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 07-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH: “F” DELHI ] BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 6621/Del/2019 Assessment Year: 2011-12 ACIT, Circle : 20 (2), New Delhi. Versus M/s. Quatrro Global Services Pvt. Ltd. [Earlier known as M/s. Scope E-Knowledge P.Ltd., Plot No. 41, Saraswati Kunj, Sector : 53, Gurgaon. Haryana – 122 001. PAN: AAFCA4469B (Appellant) (Respondent) Assessee by : N o n e; Department by : Shri T. Kipgen, [CIT] - D. R. Date of hearing : 22.06.2022 Date of order : 22.06.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Revenue against the order dated 13.05.2019, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-7, New Delhi, for the assessment year 2011-12. 2. At the outset it was claimed by the Assessee and also observed by the bench that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular [2] No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeal(s) before appellate tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20 th August 2019 whereby it is clarified that revised monetary limits so mentioned in the circular 17/2019 is also applicable to all pending SLPs/Appeals/Cross Objections/ References. Hence the instant is liable to be dismissal as withdrawn being not maintainable, however with liberty to the Revenue to approach the Tribunal for recall of order, in case it reveals that the tax effect is more than the prescribed limit or the appeal is protected by any of the exceptions prescribed in para-10 of the Circular No.03/2018 dated 11.07.2018. 3. Ld. DR did not refute the claim of the Assessee and accepted the factual position. 4. In the result, the appeal under consideration filed by the Revenue Department stands dismissed as withdrawn. Order pronounced in the open court on: 22/06/2022. Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 22.06.2022. *MEHTA* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT Assistant Registrar [3] ITAT New Delhi Draft dictated 22/06/2022 Draft placed before author 22/06/2022 Approved Draft comes to the Sr.PS/PS 22/06/2022 Order signed and pronounced on 22/06/2022 Date of uploading on the website 22/06/2022 File sent to the Bench Clerk 22/06/2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order.