DCIT, Circle-76(1), New Delhi V. Nehru Place Hotels Pvt. Ltd. , New Delhi

ITA 994/DEL/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6738 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 08-10-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 04-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK BHURA
• Keywords: Tax effect

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE, SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.994/Del/2023 (ASSESSMENT YEAR 2015-16) DCIT Circle-76(1) New Delhi Vs. M/s Nehru Place Hotels Pvt. Ltd. S-1, American Plaza International Trade Tower Nehru Place New Delhi-110 019 PAN-AAACN 3230C (Appellant) (Respondent) Assessee by Sh. R. K. Kapoor, CA Department by Sh. Alok Bhura, Sr. DR Date of Hearing 09/10/2023 Date of Pronouncement 09/10/2023 ORDER PER M. BALAGANESH AM: This appeal of the Revenue arises out of the order of the Learned Commissioner of Income Tax (Appeals)-23, New Delhi, [hereinafter referred to as ‘Ld. CIT(A)’] in Appeal No.CIT(A), Delhi- 23/10884/2014-15 dated 22/12/2022 against the order passed by Deputy Commissioner of Income Tax, Circle-76(1), Delhi (hereinafter referred to as the ‘Ld. AO’) u/s 201(1)r.w.s.201(1A) of ITA No.994/Del/2023 DCIT vs. Nehru Place Hotels Private Limited Page 2 of 3 the Income Tax Act (hereinafter referred to as ‘the Act’) on 23/03/2022 for the Assessment Year 2015-16. 2. However, the Ld. Departmental Representative (“Ld. DR” for short) pointed out that the present appeal is to be withdrawn as the tax effect involved in this case is below Rs.50 Lacs. 3. The CBDT vide Circular No.17/2019 dated 08/08/2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20/08/2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable. 4. Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-10 of the Circular dated 11/07/2018. ITA No.994/Del/2023 DCIT vs. Nehru Place Hotels Private Limited Page 3 of 3 5. In conclusion, by applying the CBDT Circular dated 08/08/2019 and letter dated 20/08/2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed. 6. In the result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 09 th October, 2023. Sd/- Sd/- (ANUBHAV SHARMA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 09/10/2023 Pk/sps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI