ACIT, Circle-28(1), New Delhi V. AOV International, New Delhi

ITA 9447/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0949 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-10-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: FILLING A
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’ NEW DLEHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 9447/Del/2019 Assessment Year: 2010-11 ACIT, Circle 28(1), New Delhi VersuS AOV International, 136-A, Pocket-12, Jasola, New Delhi. PAN: AAFFA2656M (Appellant) (Respondent) Appellant by :Sh. Kanav Bali, Ld. Sr. DR Respondent by : Sh. Amit Kumar, Ld. C.A. Date of hearing : 13.10.2022 Date of order : 13.10.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the RevenueDepartment against the order dated 26.09.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-10, New Delhi (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2010-11. 2. Though in column No. 10 of Form No. 36, the total tax effect, has been mentioned as Rs.50,20,014/-, however, during the course of hearing of this appeal, the ld. AR of the Assesseeby filling a calculation chart, claimed that the total tax effect on the disputed amount is Rs.38,67,094/- only. The Ld. DR verified the tax effect and therefore not refuted the claim of the Assessee. ITA No. 9447/Del/2019 2 3. In view of the undisputed fact that the tax effect in the present appeal of the Revenue Department is not more than the threshold monetary limit of Rs.50.00 lacsas prescribed in CBDT Circular No. 17/2019 dated 08 th August 2019 and the case is also not covered under any of the exceptional clausesof thesaid CBDT Circular, therefore, the appeal is liable to be dismissed being not maintainable, on account of low tax effect. 4. In the result, the appeal filed by the Revenue stands dismissed. Order pronounced in the open court on 13.10.2022. Sd/- Sd/- (SHAMIM YAHYA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT Assistant Registrar ITAT New Delhi