ACIT Central Circle-13, New Delhi V. Mysore Finlease Pvt Ltd., New Delhi

ITA 8792/DEL/2019

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0434 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 10-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANO MUKHERJEE
• Keywords: Tax effect; Tax effect

Judgement Text

I.T.A. Nos. 8790 TO 8793/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “E” : DELHI ] BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER A N D SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER आ.अ.सं./I.T.A. Nos. 8790 TO 8793/Del/2019 िनधा[रणवष[/ Assessment Years: 2012-13,2013-14,2014-15 & 2015-16 ACIT, Central Circle : 13, New Delhi. बनाम Vs. Mysore Finlease Pvt. Ltd. ARA Centre, 2 nd Floor, Room No. 247, Jhandewalan Extn., New Delhi – 110 055. PAN No. AAACM6761B अपीलाथȸ / Appellant Ĥ×यथȸ / Respondent िनधा[ǐरतीकȧओरसे /Assessee by : Shri Kapil Goel, Advocate; राजèवकȧओरसे / Department by : Ms. Rano Mukherjee, [CIT] – D. R.; सुनवाईकȧतारȣख/ Date of hearing : 05/07/2022 उƦोषणाकȧतारȣख/Pronouncement on : 05/07/2022 आदेश / O R D E R PER BENCH : 1. These four appeals are filed by the Revenue for assessment years 2012-13, 2013-14, 2014-15 and 2015-16 against the common order of the I.T.A. Nos. 8790 TO 8793/Del/2019 2 ld. Commissioner of Income Tax (Appeals)-23, New Delhi [hereinafter referred to CIT (Appeals)] dated 31.08.2019. 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in all these appeals is below the prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the Revenue’s appeals on account of low tax effect. 3. Perusal of the aforesaid appeals filed by the Revenue apparently show that the same are having low tax effect as per CBDT Circular No.17/2019 dated 8 th August, 2019 vide which the Revenue has 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 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 Department 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 we are of the considered view that the aforesaid appeals are not maintainable because of low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeals filed by the Revenue are hereby dismissed. However, in case, the present appeals are found to be maintainable at any stage for any technical reasons, the Department shall be at liberty to seek recall of this order under relevant provisions of law. 5. In the result, all the appeals filed by the Revenue, are dismissed. I.T.A. Nos. 8790 TO 8793/Del/2019 3 Order pronounced in the open court on : 05/07/2022. Sd/- Sd/- (ANADEE NATH MISSHRA) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 05/07/2022. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 05.07.2022 Date on which the typed draft is placed before the dictating member 05.07.2022 Date on which the typed draft is placed before the other member 05.07.2022 Date on which the approved draft comes to the Sr. PS/ PS 05.07.2022 Date on which the fair order is placed before the dictating member for pronouncement 05.07.2022 Date on which the fair order comes back to the Sr. PS/ PS 05.07.2022 Date on which the final order is uploaded on the website of ITAT 05.07.2022 Date on which the file goes to the Bench Clerk 05.07.2022 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order