ACIT, Circle-54(1), New Delhi v. Rashmi Rai
[Citation -2019-LL-0829-12]

Citation 2019-LL-0829-12
Appellant Name ACIT, Circle-54(1), New Delhi
Respondent Name Rashmi Rai
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 29/08/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags low tax effect • monetary limit
Bot Summary: PAN-AAGPR6289J Respondent Appellant by : Sh. C.P.Singh, Sr.DR , Respondent by : Sh. Satyajeet Goel, CA Date of Hearing : 28.08.2019 Date of Pronouncement: 29.08.2019 ORDER PER SUSHMA CHOWLA, JM: These three appeals of three different assessees filed by Revenue are against separate orders of CIT(A)-18, New Delhi dated 16.11.2016; CIT(A), Faridabad dated 31.03.2016; CIT(A)-11, New Delhi dated 30.03.2015 relating to assessment years 2011-12, 2011- 12 2012-13 respectively against the orders passed under section 143(3) of the Income-tax Act, 1961. Ld. DR for the Revenue pointed out that the present appeals are to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs. The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. The present appeals filed by the Revenue in case of low tax effect are not maintainable. In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019, the captioned appeals of the Revenue are dismissed as withdrawn/not pressed. In the result, all three appeals of Revenue are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F : NEW DELHI), & BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER & SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER ITA No:- 1003/Del/2017 (Assessment Year: 2011-12 ACIT, Circle-54(1), Room No.-1502, 15th Floor, E-2 Block, Dr.SPM Civic Centre, JLN Marg, New Delhi-110002. Appellant vs Rashmi Rai, C-284, Defence Colony, New Delhi. PAN-AALPR7114F Respondent Appellant by : Sh. C.P.Singh, Sr.DR , Respondent by : Sh. P.C. Yadav, Adv. ITA No:- 3437/Del/2016 (Assessment Year: 2011-12 DCIT, Circle-1, Block-B, New CGO Complex, Faridabad. Appellant vs Eurokon Global Exports P.Ltd., Plot No.5, Industrial Area, NIT, Faridabad. PAN-AACCE3047L Respondent ITA No:- 1003, 3437/Del/2016 & 448/Del/2017 Assessment Year: 2011-12, 2011-12, 2012-13 Appellant by : Sh. C.P.Singh, Sr.DR, Respondent by : Sh. Dharmender Kr., CA . ITA No:- 448/Del/2017 (Assessment Year: 2012-13 ITO, Ward-32(5), Room No.-1308, 13th Floor, Civic Centre, Minto Road, New Delhi-110002. Appellant vs Reshma Sharma, A-27A, Hauz Khas, New Delhi-110016. PAN-AAGPR6289J Respondent Appellant by : Sh. C.P.Singh, Sr.DR , Respondent by : Sh. Satyajeet Goel, CA Date of Hearing : 28.08.2019 Date of Pronouncement: 29.08.2019 ORDER PER SUSHMA CHOWLA, JM: These three appeals of three different assessees filed by Revenue are against separate orders of CIT(A)-18, New Delhi dated 16.11.2016; CIT(A), Faridabad dated 31.03.2016; CIT(A)-11, New Delhi dated 30.03.2015 relating to assessment years 2011-12, 2011- 12 & 2012-13 respectively against orders passed under section 143(3) of Income-tax Act, 1961 (in short Act ). All three appeals relating to three different assessees were heard together and are being disposed off by this consolidated order for sake of convenience. 2. Ld. DR for Revenue pointed out that present appeals are to be withdrawn as tax effect involved in case is below Rs.50 Lacs. 3. CBDT vide Circular No.17/2019 dated 08.08.2019 has revised monetary limit for filing appeals before Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, present appeals filed by Revenue in case of low tax effect are not maintainable. 4. Before parting, we clarify here that Revenue shall be at liberty to approach Tribunal for re-institution of appeals, if requisite material is brought to show that appeals are protected by exceptions prescribed in para 10 of Circular dated 11.07.2018. 5. In conclusion, by applying CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), captioned appeals of Revenue are dismissed as withdrawn/not pressed. 6. In result, all three appeals of Revenue are dismissed. Order pronounced in open court on 29th day of August, 2019. Sd/- Sd/- (N.K.BILLAIYA) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 29th August, 2019. Amit Kumar Copy of Order is forwarded to : 1. Appellant; 2. Respondent; 3. CIT(A) 4. DR, ITAT, Delhi 5. Guard file BY ORDER, True Copy ITAT, Delhi ACIT, Circle-54(1), New Delhi v. Rashmi Rai
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