ACIT, New Delhi V. M/s. Taneja Developers & Infra Ltd., New Delhi

MA 77/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4532 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 31-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘D’ : NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER and SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER MA NO.77/DEL/2019 (in ITA No.1907/Del./2012) (ASSESSMENT YEAR : 2006-07) ACIT, Central Circle 18, vs. M/s. Taneja Developers & Infrastructure Ltd. New Delhi. 9, Kasturba Gandhi Marg, New Delhi. (PAN : AABCT3582A) (APPLICANT) (RESPONDENT) ASSESSEE BY : Shri Salil Aggarwal, Sr.Advocate APPLICANT/REVENUE BY : Shri Mukesh Kumar Jha, 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 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 2 MA No.488/Del/2019 appeals also. 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. 3 MA No.488/Del/2019