ACIT(E), CIRCLE- 1(1), NEW DELHI V. GYAN MANDIR SOCIETY, NEW DELHI

ITA 7263/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1997 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 01-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’ NEW DLEHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 7263/Del/2019 Assessment Year: 2016-17 ACIT (E), Circle-1(1), New Delhi. VersuS GyanMandir Society, Main Road, Josip Broz Tito Marg, Sadiq Nagar, New Delhi. PAN: AAATG0311N (Appellant) (Respondent) Appellant by : Shri B.K. Singh, Ld. Sr. DR Respondent by : Shri Sanjay Jain, Ld. CA Date of hearing : 29/06/2022 Date of order : 29/06/2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Revenue Department against the order dated 14.06.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-40, New Delhi (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2016-17. 2. At the outset it was observed by the bench and also claimed by the Assessee 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 No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeals 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 was clarified that revised monetary limits so mentioned in the circular 17/2019 will also be applicable to all pending SLPs/Appeals/ Cross Objections/ References. Hence the instant appeal deserve dismissal as withdrawn being not maintainable. 3.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 In the result, the appeal under consideration filed by the Revenue Department stand dismissed as withdrawn. Order pronounced in the open court on 29/06/2022 Sd/- Sd/- (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-