Harish Mittal, New Delhi V. ITO,ward-42(5), New Delhi

ITA 772/DEL/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5454 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 11-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Retrospective amendment; Tax effect

Judgement Text

1 ITA No. 772/Del/2020 Shri Harish Mittal, ND IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER I.T.A. No. 772/DEL/2020 (A.Y 2014-15) Shri Harish Mittal, Kumar Piyush & Co., CAs., C – 5, LGF, Lajpat Nagar-III New Delhi – 110 024. PAN No. AALPM8171H (APPELLANT) Vs. Income Tax Officer, Ward : 42 (5), New Delhi. (RESPONDENT) ORDER PER YOGESH KUMAR US, JM 1. This appeal is filed by the assessee for assessment year 2014-15 against the order of the ld. Commissioner of Income Tax (Appeals)–43, New Delhi, dated 16.12.2019. 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in this appeal is below the prescribed Assessee by : Ms. Gunjan Jain, C.A.; Department by: Md. Gayasuddin Ansari, Sr. D. R.; Date of Hearing 20.07.2022 Date of Pronouncement 20.07.2022 2 ITA No. 772/Del/2020 Shri Harish Mittal, ND limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the appeal on account of low tax effect. 3. Perusal of the aforesaid appeal filed by the assessee apparently show that the same is having low tax effect as per CBDT Circular No.17/2019 dated 8 th August, 2019, wherein the parties have been directed not to prefer any appeal in case the tax effect is less than Rs.50,00,000/- and this factual position has been fairly conceded by the learned Senior Departmental Representative. 4. We have heard both the parties and perused the material on record. Perusal of CBDT Circular (supra) shows that monetary limit for filing the appeal by the parties before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised. In view of the CBDT Circular No.17/2019 dated 8 th August, 2019 having retrospective effect as coordinate Bench of the Tribunal in case of Dinesh Madhavlal Patel [TS-469-ITAT-2019(Ahd)] 2019-TIOL-1556-ITAT-AHM dated 14 th August, 2019 has already decided the issue as to the applicability of the captioned circular to the pending appeals in affirmative. We are of the considered view that the aforesaid appeal is not maintainable due to low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeal filed by the assessee is hereby dismissed having been become infructuous. However, in case, the present appeal is found to be maintainable at any stage for any technical reasons, the assessee shall be at liberty to seek recall of this order under relevant provisions of law. 3 ITA No. 772/Del/2020 Shri Harish Mittal, ND 5. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on : 20/07/2022. Sd/- Sd/- ( SHAMIM YAHYA ) (YOGESH KUMAR US) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 20/07/2022 *MEHTA* Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI. Draft dictated 20.07.2022 Draft placed before author 20.07.2022 Approved Draft comes to the Sr.PS/PS 20.07.2022 Order signed and pronounced on 20.07.2022 File came to P.S. 20.07.2022 File sent to the Bench Clerk 20.07.2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order. Date of uploading on the website