DCIT, Central Circle-19, New Delhi v. Subterranean Metaphysical Ltd
[Citation -2019-LL-0828-156]

Citation 2019-LL-0828-156
Appellant Name DCIT, Central Circle-19, New Delhi
Respondent Name Subterranean Metaphysical Ltd.
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 28/08/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Lakshya Budhiraja, CA Date of Hearing 27/08/2019 Date of pronouncement 28/08/2019 ORDER PER BENCH : The present appeal s have been filed by the Revenue against the order of the ld. Since, the tax effect involved in all these appeals common in view of the CBDT circular, they were heard together and a re being disposed off by common order. According to Circul ar No. 17/201 9 dated 08/08/2019, the CBDT in supersessi on of earlier instructions has directed that department s appeal s before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. 50 lacs. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. Admittedly, in the departmental appeals, the tax effect is less than Rs. 50 l acs, therefore , departmental appeal is not maintainable. As regards to the Cross Objections filed by the assessee is concerned, since we have already dismissed the appeal of the revenue as aforesaid on account of low tax effect. In the result, the appeals of the Revenue and CO of the assessee are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA Nos. 5336, 5337, 5338 & 5339/Del/2015 Asstt. Years: 2009-10, 2010-11, 2011-12 & 2012-13 DCIT, Vs. Subterranean Metaphysical Ltd. Central Circle-19, C/o Mr. Aseem Chawla, Advocate, New Delhi E-200, Greater Kailash-I, New Delhi PAN AAPCS4996K (Appellant) (Respondent) CO. Nos. 365,366,367 & 368/Del/ 2015 Asstt. Years 2009-10, 2010-11, 2011-12 & 2012-13 Subterranean Metaphysical Ltd., Vs. DCIT, C/o Mr. Aseem Chawla, Central Circle-19, Advocate, E-200, Greater New Delhi. Kailash-I, New Delhi PAN AAPCS4996K (Appellant) (Respondent) Department by: Shri S.S. Rana, CIT(DR) Assessee by : Shri Aseem Chawla, Adv. Lakshya Budhiraja, CA Date of Hearing 27/08/2019 Date of pronouncement 28/08/2019 ORDER PER BENCH : present appeal s have been filed by Revenue against order of ld. CIT(A)-XXVII, New Delhi each dated 10.06.2015. 2. Since, tax effect involved in all these appeals common in view of CBDT circular, they were heard together and re being disposed off by common order. 2 ITA Nos. 5336 to 5339/Del/2015 CO Nos. 365 to 368/Del/2015 Subterranean Metaphysical Ltd. 3. According to Circul ar No. 17/201 9 dated 08/08/2019, CBDT in supersessi on of earlier instructions has directed that department s appeal s before ITAT shall not be filed in cases where tax effect does not exceed monetary limit of Rs. 50 lacs. tax will not include any interest thereon. It is further clarified that even if in case of assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary limit so specified. 4. Admittedly, in departmental appeals, tax effect is less than Rs. 50 l acs, therefore , departmental appeal is not maintainable. Ld. DR could not bring to our notice any exceptions mentioned in said Circular. 5. As regards to Cross Objections filed by assessee is concerned, since we have already dismissed appeal of revenue as aforesaid on account of low tax effect. Therefore , Cross Objections filed by assessee has become infructuous and dismissed. 6. In result, appeals of Revenue and CO of assessee are dismissed. (Order Pronounced in Open Court on 28/08/2019). Sd/- Sd/- (AMIT SHUKLA) (DR. B.R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28/08/2019 DCIT, Central Circle-19, New Delhi v. Subterranean Metaphysical Ltd
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