AO, New Delhi V. Smt. Jyoti Limboo, New Delhi

ITSSA 23/DEL/2008

AI Insights

The case involves an appeal by the Revenue against the order of the CIT (Appeals)-III, New Delhi, concerning the block period from April 1, 1989, to June 23, 1999. The Revenue's appeal was based on issues arising from this block assessment period. However, during the proceedings, it was brought to attention that the CBDT had issued a circular (Circular No. 17/2019) which revised the monetary threshold for filing appeals to Rs. 50 lakhs. Both parties acknowledged this circular, and the Tribunal decided to dismiss the appeal on the grounds of the revised monetary limit.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121830 (ITAT-DELHI)
• Duration Of Justice: 15 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-03-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 28-03-2023
• Assessment Year: misc
• Appeal Filed On: 31-12-2007
• Laws Referred To: CBDT Circular No. 17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER IT(SS)A No.23/DEL/2008 [Block Period:- 01.04.1989 to 23.06.1999] ACIT, Central Circle-4, New Delhi Vs Smt. Jyoti Limboo, Prop. M/s Jyoti Limboo & Co. 118, Subba Farms, Village Sultanpur, Mehrauli Guraon Raod, New Delhi PAN-AAAPL9581B Revenue Assessee Revenue by Ms. Sarita Kumari CIT-DR Assessee by Sh. R.S. Singhvi, CA & Sh. Satyajeet Goel, CA Date of Hearing 29.03.2023 Date of Pronouncement 29.03.2023 ORDER PER SHAMIM YAHYA, AM, This appeal by the Revenue is directed against the order of ld. CIT (Appeals)-III, New Delhi, dated 17.03.2006 and pertains to block Year 01.04.1989 to 23.06.1999. 2. At the outset, at the time of hearing, the ld. Counsel for the assessee brought to our attention that CBDT vide Circular No. 17/2019 dated 08th August 2019 has decided that the revenue would not prefer any appeal before the Tribunal if the tax effect is less than Rs. 50 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the Instruction of the CBDT. 3. The Ld. CIT-DR did not object the above proposition. 2 IT(SS)A NO.23/DEL/2008 4. Upon careful consideration, we find that 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. 5. 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. 6. 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. 7. In the final result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 29 th March, 2023. Sd/- Sd/- [ASTHA CHANDRA] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 29.03.2023. f{x~{tÜ? f{x~{tÜ?f{x~{tÜ? f{x~{tÜ? Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi