DCIT, Central Circle-2, New Delhi V. Manish Periwal, New Delhi

ITA 699/DEL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1612 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2016-2017
• Appeal Filed On: 10-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 268A; 20

Judgement Text

I.T.A.No.699/Del/2021/A.Y.2016-17 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E” NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ .अ.स ं /.I.T.A No.699/Del/2021 /Assessment Year:2016-17 DCIT Central Circle-2, Room No. 363, 3 rd Floor, ARA Centre, Jhandewalan Extension, New Delhi. ब म Vs. Manish Periwal, C-165, Defence Colony, New Delhi. PAN No. AFWPP8883K अ Appellant /Respondent Revenue by Shri Jitender Chand, Sr. DR Assessee by Ms. Shweta Bansal, CA स ु नवाईक तारीख/ Date of hearing: 29.08.2022 उ ोषणाक तारीख/Pronouncement on 29.08.2022 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)-23, New Delhi dated 27.02.2020 for AY 2016-17. 2. The Ld. Counsel for Assessee submits that the Revenue effect in this appeal is less than Rs.50 lakhs. Referring to the grounds of appeal of I.T.A.No.699/Del/2021/A.Y.2016-17 2 the Revenue it is submitted that the disputed addition is only Rs.35,02,280/- on which the tax effect is less than Rs.50 lakhs. 3. We have heard Ld. Representatives of both the parties. Admittedly, the tax effect in the Departmental appeal is less than Rs.50 lakhs. 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 Pending appeals below this specified tax effect may be withdrawn/not pressed.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. We also noticed that similar appeals of the Revenue for the assessment years 2008-09 to 2010-11 and 2012-13, 2014- 15 and 2015-16 were also dismissed by the Tribunal by order dated 20.04.2022 in view of the Circular No. 17/2019 dated 08.08.2019. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board Instruction referred to above and, therefore, the appeal of the Department is liable to be dismissed. I.T.A.No.699/Del/2021/A.Y.2016-17 3 5. In the result, the Departmental appeal is dismissed. Order pronounced in the open court on 29.08.2022 Sd/- Sd/- (ANIL CHATURVEDI) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29.08.2022 *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