Tribunals and CommissionsDivision Bench(2019) 08 ITAT CK 0204

DCIT vs Pravin Juneja

Income Tax Appellate Tribunal · Decided on 28 August 2019

HON’BLE JUDGES
R.K. Panda (AM) · Suchitra Kamble, J
RESULT
Dismissed
CASE NUMBER
Income Tax Appeal No. 764 /Del Of 2019

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Judgment

6 paragraphs · 274 words

R.K. Panda, AM

1.

This appeal filed by the Revenue is directed against the order dated 14.11.2018 of the CIT(A)-30, New Delhi, relating to assessment year 2005-06.

2.

The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

3.

The ld. DR, on the other hand, fairly conceded that the tax effect involved in the grounds raised by the Revenue being below Rs.50 lakhs, the appeal filed by the Revenue squarely falls within the ambit of the recent CBDT Circular No.17/2019 dated 8th August, 2019 and the subsequent clarification dated 20th August, 2019.

4.

After hearing both the sides, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

5.

In the result, the appeals filed by the Revenue is dismissed.