DCIT,Circle-4(2), New Delhi V. C and C Projects Ltd., Delhi

ITA 848/DEL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7640 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-02-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 26-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 144

Judgement Text

1 ITA no. 848/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No. 848/DEL/2023 Assessment Year: 2017-18 DCIT, Circle-4(2), New Delhi. Vs C and C Projects Ltd., G-11, Hemkunt Chamber, Nehru Place, New Delhi-110019. PAN- AADCC0878L APPELLANT RESPONDENT Assessee represented by Shri Amar Jeet Singh, CA Department represented by Shri Vivek Kumar Upadhyay, Sr. DR Date of hearing 05.02.2024 Date of pronouncement 29.04.2024 O R D E R PER M. BALAGANESH, AM: This appeal, by the Revenue, is directed against the order of National Faceless Appeal Centre (NFAC), Delhi, dated 27.01.2023, arising out of order dated 07.02.2019, passed by the DCIT, Circle-5(2), Delhi u/s 144 of the Income-tax Act, 1961, pertaining to the assessment year 2017-18. 2. At the outset, learned counsel for the assessee submitted that the tax effect involved in the present appeal of the Revenue is below Rs. 50 lakhs. Referring to CBDT Circular No. 17/2019 dated 8 th August, 2019, revising the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs, learned counsel submitted that the appeal of the Revenue is not maintainable. 3. The learned Sr. DR could not dispute the factual position that the tax effect involved in the instant appeal is less than Rs. 50 lakhs. 2 ITA no. 848/Del/2023 4. In view of the above factual position, the tax effect involved in the appeal being less than Rs. 50 lakhs, we deem it proper to dismiss the appeal of the Revenue in the light of the CBDT Circular No. 17/2019 dated 8 th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law. 5. In the result, Revenue’s appeal stands dismissed, as not maintainable. Order pronounced in open court on 29.04.2024. Sd/- Sd/- (SAKTIJIT DEY) (M. BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 29.04.2024. *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI