ACIT, New Delhi V. M/s. Sahdev Jewellers, New Delhi

MA 487/DEL/2019

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The case involves a Miscellaneous Application (MA No.487/DEL/2019) filed by the Revenue seeking to recall an earlier order dated 30.01.2019 in ITA No.4276/Del/2011, which was dismissed as infructuous due to a low tax effect. The Revenue argued for a recall, but the assessee countered that the tax effect, amounting to Rs.23,84,814, was below the Rs.50 lakh threshold set by the CBDT Circular No.17/2019. The court agreed with the assessee's position, noting that the circular applies to all pending appeals and found no exceptional circumstances in the Revenue's case that would justify a recall of the order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 121709 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-02-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-02-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 06-06-2019
• Laws Referred To: CBDT Circular No.17/2019 dated 08.08.2019, CBDT Circular No.3/2018 dated 11.07.2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MA No.487/DEL/2019 (Arising from ITA No.4276/Del/2011) Assessment Year 2008-09 ACIT, Circle-33(1), New Delhi. vs. M/s. Sahdev Jewellers, 2459/09-10, 2 nd Floor, Gurudwara Road, Karol Bagh, New Delhi. TAN/PAN: AALFS0015Q (Appellant) (Respondent) Appellant by: Ms. Sumangla Saxena, Advocate Respondent by: Shri Anuj Garg, Sr.DR Date of hearing: 03 02 2023 Date of pronouncement: 03 02 2023 O R D E R PER PRADIP KUMAR KEDIA - A.M.: By this Misc. Application, the assessee has urged for recalling of order dated 30.01.2019 passed in ITA No.4276/Del/2011 concerning Assessment Year 2008-09. 2. At the outset, the ld. counsel for the assessee in the Misc. Application filed by the Revenue submitted that the present Misc. Application has been filed by the Revenue for recalling of the order dated 30.01.2019 passed in ITA No.4276/Del/2011, which has been dismissed as infructuous on low tax effect. The ld. counsel for the assessee further submitted that total tax effect amounts to Rs.23,84,814/- on the disputed amount before ITAT which is below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019 and therefore, the Misc. Application of the Revenue is not MA No.487/Del/2019 2 maintainable. 3. Ld. DR could not controvert the submission of the ld. counsel for the applicant-assessee. 4. We have heard the rival submission and perused the material available on record. We find that the CBDT vide notification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. The case of revenue is not shown to be falling in any exception clause of CBDT Circular No.3/2018 dated 11.07.2018. Accordingly, the Misc. Application of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs. 5. In the result, the Misc. Application filed by the Revenue is dismissed. Order was pronounced in the open Court on 03 February, 2023. Sd/- Sd/- [KUL BHARAT] [PRADIP KUMAR KEDIA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: February, 2023 Prabhat