Income-tax Officer (E), Ward-23(3), New Delhi v. Sh. Satya Narayan Infrastructure P. Ltd - 2019-LL-0828-78

Citation	2019-LL-0828-78
Appellant Name	Income-tax Officer (E), Ward-23(3), New Delhi
Respondent Name	Sh. Satya Narayan Infrastructure P. Ltd.
Court	ITAT-Delhi
Relevant Act	Income-tax
Date of Order	28/08/2019
Assessment Year	2009-10
Judgment	View Judgment
Keyword Tags	low tax effect
Bot Summary:	At the outset, it was brought to our notice that the tax effect involved in this appeal being less than Rs. 50 lacs, squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019. After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit 2 ITA NO. 2746/Del/2017 prescribed by CBDT vide Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We find that the subsequent clarification dated 20.08.2019 makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We hold that the appeal of the revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Order pronounced in the open court on 28.08.2019 Sd/- Sd/- ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28.08.2019 Copy forwarded to 1. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 2746/Del/2017 Date of dictation 26/08/2019 Date on which the typed draft is placed 26/08/2019 before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order.

IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER & MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.-2746 /Del/2017 (A.Y. 2009-10) Income Tax Officer (E), vs M/s. Sh. Satya Narayan Ward 23(3), Infrastructure P. Ltd. Room No. 246 22/202, 2nd Floor, Sector-7, C.R.Building Rohini, New Delhi New Delhi PAN AALCS5513Q Appellant Respondent Assessee by None CA s Revenue by Ms. Naina Soin Kapil, Sr.DR Date of Hearing 23.08.2019 Date of Pronouncement 28.08.2019 ORDER PER SUCHITRA KAMBLE, J.M. This appeal is filed by department against separate order dated 09.02.2017 passed by Commissioner of Income Tax (Appeals)-22, New Delhi for assessment year 2009-10. 2. At outset, it was brought to our notice that tax effect involved in this appeal being less than Rs. 50 lacs, squarely falls within ambit of Circular No. 17/2019 dated 08.08.2019 issued by Central Board of Direct Taxes prescribing tax effect for preferring appeals before Tribunal by revenue and subsequent clarification issued by CBDT on 20th August, 2019. 3. After perusing materials available on record, we find that amount disputed before us is below tax effect limit 2 ITA NO. 2746/Del/2017 (M/s. Sh. Satya Narayan Infrastructure P. Ltd.) prescribed by CBDT vide Circular No. 17/2019 dated 08.08.2019 for preferring appeals before tribunal by revenue. On perusal of Circular No. 17/2019 dated 08.08.2019 and materials available on record, Ld. Sr. DR could not point out as to how and why such Circular is not applicable to facts of case. We find that subsequent clarification dated 20.08.2019 makes it very clear that revised monetary limits shall apply retrospectively to pending appeals also. Circular is binding on tax authorities. Hence, we hold that appeal of revenue deserve to be dismissed on account of low tax effect vide Circular No. 17/2019 dated 08.08.2019 and subsequent clarification on 20.08.2019. Accordingly, on account of low tax effect case, we dismiss this appeal of revenue in limine, without going into merits of case. 4. In result, appeal of revenue is dismissed. Order pronounced in open court on 28.08.2019 Sd/- Sd/- (R.K.PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28.08.2019 Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 2746/Del/2017 (M/s. Sh. Satya Narayan Infrastructure P. Ltd.) Date of dictation 26/08/2019 Date on which typed draft is placed 26/08/2019 before dictating Member Date on which typed draft is placed before Other Member Date on which approved draft comes to Sr. PS/PS Date on which fair order is placed before Dictating Member for pronouncement Date on which fair order comes back to Sr. PS/PS Date on which final order is uploaded on website of ITAT Date on which file goes to Bench Clerk Date on which file goes to Head Clerk date on which file goes to Assistant Registrar for signature on order Date of dispatch of Order Income-tax Officer (E), Ward-23(3), New Delhi v. Sh. Satya Narayan Infrastructure P. Ltd

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