Facts of the Case
The present matter pertains to appeals filed by the Principal Commissioner of Income Tax (Central)-2 against M/s M.L. Singhi & Associates (P) Ltd. before the Delhi High Court. The appeals were instituted under the Income Tax Act challenging certain findings; however, during the course of hearing, it was acknowledged that the tax effect involved in the appeals was below the prescribed monetary threshold
Issues Involved
- Whether the Income Tax Department’s appeals are maintainable when the tax effect is below the monetary limit prescribed under CBDT Circular No. 17/2019.
Petitioner’s Arguments (Revenue)
The Revenue preferred the appeals challenging the order of the lower authority. However, no substantial argument could override the applicability of the CBDT circular concerning the monetary threshold.
Respondent’s Arguments (Assessee)
No appearance was recorded on behalf of the respondent assessee at the time of hearing.
Court’s Findings / Order
- The
tax effect in the present appeals was lower than ₹1,00,000, which
is below the threshold limit prescribed by CBDT Circular No. 17/2019.
- In
view of the said circular, the appeals filed by the Revenue were not
maintainable.
Final Order
- The appeals were dismissed on account of low tax effect.
Important Clarification
- The
dismissal of the appeal is not on merits, but strictly due to low
tax effect as per CBDT policy.
- Such
dismissal does not lay down any legal precedent on substantive tax issues.
- The CBDT circular is binding on the Revenue authorities, limiting unnecessary litigation
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2020:DHC:3910-DB/MMH24112020ITA6722019_162157.pdf
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