DCIT, CENTRAL CIRCLE- 15, New Delhi V. Brahamputra Infrastructure Ltd., New Delhi

MA 44/DEL/2020

AI Insights

The case revolves around a miscellaneous application (MA No. 44/Del/2020) filed by the Revenue concerning ITA No. 5122/Del/2018. The original appeal was dismissed based on the revised monetary limits for filing appeals set by CBDT Circular No. 17/2019. The Revenue contended that the tax effect in the case, amounting to Rs. 58,22,507, was above the prescribed limit of Rs. 50,00,000, and sought a recall of the original order. The court, after reviewing the facts and the monetary limits set by the CBDT, dismissed the application, affirming that the tax effect indeed exceeded the threshold, thus justifying the appeal's consideration.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131706 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-08-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 05-02-2020
• Laws Referred To: CBDT Circular No.17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘A’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member MS. Astha Chandra, Judicial Member MA No. 44/Del/2020 ITA No. 5122/Del/2018 : Asstt. Year :2009-10 DCIT, Central Circle-15, New Delhi Vs. Brahamputra Infrastructure Ltd, A-7, Mahipalpur, NH-8, Mahipalpur Crossing, New Delhi (APPELLANT) (RESPONDENT) PAN No. AAACB8918K Assessee by : Sh. Lalit Mohan, CA Revenue by : Sh. Om Prakash, Sr. DR Date of Hearing: 04.08.2023 Date of Pronouncement: 09.08.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: This miscellaneous application No. 44/Del/2020 is filed by the Revenue in ITA No. 5122/Del/2018 dated 23.08.2019 which was disposed of by the coordinate bench in view of the revised monitory limits prescribed for filing an appeal before ITAT as laid by the CBDT Circular No.17/2019 dated 08.08.2019. However, it is apparent from the record that the tax effect involved in the present case is Rs. 58,22,507/- which is above the monetary limit of Rs. 50,00,000/- as per the CBDT Circular. 2. The ld DR submitted that the it is apparent from the record the monetary limit as prescribed by CBDT Circular is Rs. 50,00,000/- but the tax effect involved in this case of the Assessee is Rs. 58,22,507/-, therefore, requested for recall of the original order. MA No. 44/Del/2020 Brahamputra Infrastructure Ltd 2 3. The ld AR did not controvert to the argument of the ld DR. 4. We have carefully considered the rival contention and perused the facts mentioned in miscellaneous application filed by the assessee. Looking at the facts of the case as stated in the miscellaneous application, we are of the view it is apparent from the record that the total tax effect involved in the present appeal is Rs. 58,22,507/- which is above the monetary limit of Rs. 50,00,000/- as prescribed by CBDT Circular No. No.17/2019 dated 08.08.2019. 5. In the result the miscellaneous application filed by the Revenue is dismissed. Order Pronounced in the Open Court on 09/08/2023. Sd/- Sd/- (Astha Chandra) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 09/08/2023 *Ajay Kumar Keot, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR