ACIT, Circle- 3, Noida v. Spice Mobility Ltd
[Citation -2019-LL-0828-99]
| Citation | 2019-LL-0828-99 |
|---|---|
| Appellant Name | ACIT, Circle- 3, Noida |
| Respondent Name | Spice Mobility Ltd. |
| Court | ITAT-Delhi |
| Relevant Act | Income-tax |
| Date of Order | 28/08/2019 |
| Assessment Year | 2012-13 |
| Judgment | View Judgment |
| Keyword Tags | low tax effect |
| Bot Summary: | 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 the department against separate order dated 14.02.2017 passed by the Commissioner of Income Tax- Muzaffrnagar for assessment year 2012-13. 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. 3286/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. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 3286/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. |