ITA no. 5148/Del/2019

Parties Involved

Facts Summary

This appeal in ITA No. 5148/Del/2019 for the assessment year 2009-10 filed by the Revenue has arisen from the appellate order dated 28.03.2019 in appeal no. 41/2017-18/CIT(A)-42 passed by the learned Commissioner of Income-tax (Appeals)-42, New Delhi. This appeal before the learned CIT(A) in turn has arisen from the assessment order dated 15.05.2014 passed by the learned DCIT, Central Circle-11, New Delhi under section 153A of the Income-tax Act, 1961. The tax-effect in this appeal filed by the Revenue with ITAT, Delhi Benches, New Delhi is Rs. 36,47,349/- as stated by the Revenue itself in the Form No. 36. None appeared on behalf of the assessee when this appeal was called for hearing before the Division Bench. The learned CIT(DR) was asked as to how this appeal filed by the Revenue is maintainable as the tax-effect is lower than Rs. 60 lacs (earlier Rs. 50 lacs) required for maintainability of Revenue’s appeal before ITAT. He fairly submitted that the tax effect in the instant Revenue’s appeal is less than the monetary limit prescribed by the CBDT. The learned CIT(DR) prayed that liberty may be granted to Revenue to recall this order in case if it is found at a later stage that this appeal was not covered by the CBDT circular concerning low tax effect. It was submitted by the learned CIT(DR) that the assessee company has gone into liquidation.…

Legal Issues

• 1. Whether the appeal filed by the Revenue is maintainable given the tax-effect is below the monetary limit prescribed by CBDT.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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