ACIT, Central Circle-13, New Delhi V. Deepak Agarwal, Delhi

ITA 8798/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5459 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 10-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Retrospective amendment; Tax effect

Judgement Text

1 ITA Nos.8798 & 8799/Del/2019 Shri Deepak Agarwal, 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. 8798/DEL/2019 (A.Y. 2014-15) ACIT, Central Circle : 13, New Delhi. Vs. Shri Deepak Agarwal, 55–Meena Apartment, I. P. Extension, New Delhi – 110 092. PAN No. ADKPA0795K AND I.T.A. No. 8799/DEL/2019 (A.Y. 2015-16) ACIT, Central Circle : 13, New Delhi. (APPELLANT) Vs. Shri Deepak Agarwal, 55–Meena Apartment, I. P. Extension, New Delhi – 110 092. PAN No. ADKPA0795K (RESPONDENT) Assessee by : Shri Sandeep Goel, Advocate; Department by: Shri Paresh Johri, [CIT] – D. R.; Date of Hearing 20.07.2022 Date of Pronouncement 20.07.2022 2 ITA Nos.8798 & 8799/Del/2019 Shri Deepak Agarwal, ND ORDER PER YOGESH KUMAR US, JM 1. These appeals are filed by the Revenue for assessment years 2014- 15 and 2015-16 against the order of the ld. Commissioner of Income Tax (Appeals)–23, New Delhi, dated 31.08.2019. 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in 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, wherein 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 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 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 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 appeals are not maintainable 3 ITA Nos.8798 & 8799/Del/2019 Shri Deepak Agarwal, ND due to low tax effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeals filed by the Revenue are hereby dismissed having been become infructuous. 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. In view of the dismissal of the Appeals filed by the Revenue. 5. In the result, both the appeals are 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 4 ITA Nos.8798 & 8799/Del/2019 Shri Deepak Agarwal, ND 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