DCIT, New Delhi V. M/s. Corperion Ideal Pvt. Ltd., New Delhi

MA 539/DEL/2017

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3268 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 10 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-08-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 21-07-2022
• Assessment Year: 2008-2009
• Appeal Filed On: 12-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIKUNJ MAHESHWARI
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “B” : DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER M.A.No.539/Del./2017 Arising out of ITA.No.4773/Del./2012- Assessment Year 2008-2009 & ITA.No.4773/Del./2012 Assessment Year 2008-2009 The DCIT, Circle – 6 (2), New Delhi. vs. M/s. Corperion Ideal Pvt. Ltd., 402, Hemkuntha Tower, Nehru Place, New Delhi. PAN AACCC3990N (Applicant) (Respondent) For Revenue : Shri Abhishek Kumar, Sr. DR For Assessee : Shri Nikunj Maheshwari, Advocate Date of Hearing : 22.07.2022 Date of Pronouncement : 08.08.2022 ORDER PER ANIL CHATURVEDI, A.M. : The above Miscellaneous Application by the Revenue [in short “M.A.”] arises out of the order dated 17.04.2017 passed by the Tribunal in ITA.No.4773/Del./ 2012 for the A.Y. 2008-09. 2 M.A.No.539/Del./2017 M/s. Corperion Ideal Pvt. Ltd., New Delhi. 2. The Ld. DR, referring to the contents of the miscellaneous applications, submitted that the tax effect involved in the grounds raised by the Revenue was more than Rs. 10 lacs. The Tribunal, however, has dismissed the appeal filed by the Revenue by relying on the CBDT Circular No.21/2015 dated 10.12.2015 on the ground that the tax effect involved in the appeal filed by the revenue is below Rs.10 lacs. He accordingly submitted that a mistake has crept in the order of the Tribunal which requires rectification. 3. The Ld. Counsel for the assessees, on the other hand, though conceded that the tax effect involved in the grounds raised by the Revenue is above Rs.10 lacs and, therefore, a mistake has crept in the order of the Tribunal but however submitted that in view of the recent CBDT circular No. 17/2019 dated 08.08.2019 wherein the CBDT has raised the monetary limit to Rs.50 lacs for filing of the appeals by the Revenue before the Tribunal, the appeal of the Revenue is not maintainable and has to be dismissed. 3 M.A.No.539/Del./2017 M/s. Corperion Ideal Pvt. Ltd., New Delhi. 4. We have gone through the record in the light of the submissions made on either side. We find the tax effect involved in the grounds raised by the Revenue in this appeal is more than Rs.10 lacs. Therefore, a mistake has crept in the order of the Tribunal by dismissing the appeal on account of low tax effect by relying on the CBDT circular No. 21/2015 dated 10.12.2015. We, therefore, recall the order of the Tribunal and the miscellaneous application filed by the Revenue is allowed. 5. In the result, the miscellaneous application filed by the Revenue is accordingly allowed. ITA No.4773/Del/2012 – A.Y. 2008-09 : 6. After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue in this appeal is admittedly below Rs.50 lacs. The CBDT vide circular No. 17/2019 dated 08.08.2019 has raised the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lacs. Further the CBDT vide notification dated 20.08.2019 has held that the above circular is applicable 4 M.A.No.539/Del./2017 M/s. Corperion Ideal Pvt. Ltd., New Delhi. even to pending appeals. Since the monetary limit involved in the grounds raised by the Revenue in this appeal is admittedly below Rs.50 lacs, therefore, in view of the CBDT circular and subsequent notification by CBDT (cited supra) the appeal filed by the Revenue is not maintainable. Accordingly, the appeal of the Revenue is dismissed. 7. In the result, appeal of the Revenue is dismissed. To sum-up, Miscellaneous Application filed by the Revenue is allowed and the appeal of the Revenue is dismissed. Order pronounced in the open Court on 08.08.2022. Sd/- Sd/- (MS. ASTHA CHANDRA) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi, Dated 08 th August, 2022 VBP/- 5 M.A.No.539/Del./2017 M/s. Corperion Ideal Pvt. Ltd., New Delhi. Copy to 1. The appellant 2. The respondent 3. CIT(A) concerned 4. CIT concerned 5. D.R. ITAT ‘B’ Bench, Delhi 6. Guard File. // By Order // Assistant Registrar : ITAT Delhi Benches : Delhi.