DCIT, New Delhi V. M/s. Avtec Ltd., New Delhi

MA 488/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4530 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 09-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH KUMAR
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘A’ : NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER and SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MA NO.488/DEL/2019 (in ITA No.1002/Del./2015) (ASSESSMENT YEAR : 2011-12) DCIT, Circle 1, LTU, vs. M/s. Avtech Ltd., New Delhi. 7 th Floor, Birla Tower, 25, Barakhamba Road, New Delhi-110 001. (PAN : AAFCA1313C) (APPLICANT) (RESPONDENT) ASSESSEE BY : Shri Sanat Kapoor, Advocate APPLICANT/REVENUE BY : Shri Mukesh Kumar, Sr. DR O R D E R PER AMIT SHUKLA, JM The aforesaid misc. Application has been filed by the Revenue holding that the Tribunal has dismissed the appeal of the Revenue as tax effect was lower than Rs.20 lakhs whereas tax effect was Rs.27,72,118/- in view of the CBDT Circular No.02/2018 dated 11.07.2018. However, there is another CBDT Circular No.17/2019 dated 8 th August, 2019 wherein the CBDT has laid down the tax effect for filing of the appeal by the Revenue before the Tribunal at Rs.50,00,000/-, which is applicable for the pending appeals also. 2 MA No.488/Del/2019 Therefore, even if, the tax effect was more than Rs.20 lakhs then also admittedly it is below Rs.50 lakhs. Accordingly, the appeal of the Revenue cannot be recalled and the misc. application is hereby dismissed. Sd/- sd/- (PRADIP KUMAR KEDIA) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 04.05.2022 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(A). 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.