ACIT CIRCLE- 27(1), NEW DELHI V. UOP INDIA PVT. LTD., NEW DELHI

ITA 9326/DEL/2019

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals) - 9, New Delhi, dated 23.09.2019, concerning the Assessment Year 2017-18. The primary issue was the maintainability of the appeal based on the monetary threshold set by the CBDT Circular No. 17/2019. The Tribunal found that the tax effect was below the stipulated threshold of Rs. 50 lakhs, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108385 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 12-06-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 03-12-2019
• Laws Referred To: CBDT Circular No. 17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SARTHAK
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘H’ BENCH, NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER, AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA No. 9326/DEL/2019 [Assessment Year: 2017-18] The A.C.I.T. Vs. UOP India Pvt Ltd Circle – 27(1) GF, Negpal Business Tower New Delhi Okhla Industrial Phase –II New Delhi PAN : AAACU 2687 E [Appellant] [Respondent] Date of Hearing : 13.06.2023 Date of Pronouncement : 13.06.2023 Assessee by : Shri Sarthak, CA Shri Tarundeep Singh, CA Revenue by : Shri Vivek Vardhan, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - 9, New Delhi dated 23.09.2019 pertaining to A.Y. 2017-18. 2 2. A perusal of the grievance of the revenue shows that the tax effect would be less than Rs. 50 lakhs, therefore, this appeal is not maintainable as per CBDT Circular No. 17/2019 dated 08.08.2019. 3. This appeal is, accordingly, dismissed with liberty to the revenue to approach the Tribunal as per the provisions of law, should it feel that the tax effect is more than Rs. 50 lakhs. 4. In the result, the appeal filed by the Revenue n ITA No. 9326/DEL/2019 is dismissed. The order is pronounced in the open court on 13.06.2023. Sd/- Sd/- [SAKTIJIT DEY] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 13 th JUNE, 2023. VL/ 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr.PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 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