Facts of the
Case
The Revenue filed appeals before the Delhi High
Court against the respondent assessee. During the course of hearing, it was
admitted that the tax effect involved in the appeals was less than ₹1,00,000,
which is below the threshold limit prescribed under CBDT Circular No. 17/2019.
Issues
Involved
- Whether appeals filed by the Income Tax Department are maintainable
when the tax effect is below the prescribed monetary limit.
- Whether CBDT Circular No. 17/2019 is binding on the Revenue in
deciding the maintainability of appeals.
Petitioner’s
Arguments (Revenue)
- The Revenue preferred the appeals challenging the order passed in
favor of the assessee.
- However, no substantial argument on merits was recorded due to the
admitted position regarding low tax effect.
Respondent’s
Arguments (Assessee)
- No appearance was recorded on behalf of the respondent at the time
of hearing.
Court’s
Findings / Order
- The Court noted that the tax effect in the present appeals is
below ₹1,00,000, which is the threshold prescribed under CBDT Circular
No. 17/2019.
- Accordingly, the Court held that the appeals are not
maintainable.
- Final Order: The appeals were dismissed
on account of low tax effect.
Important
Clarification
- The dismissal of the appeal is solely on the ground of low tax effect
and not on merits.
- The ruling reinforces that CBDT circulars on monetary limits are
binding on the Revenue authorities.
- Such dismissal does not create a binding precedent on substantive legal issues.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2020:DHC:3910-DB/MMH24112020ITA6722019_162157.pdf
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