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Income Tax Appellate Tribunal - Delhi

Acit, Circle- 8(1), New Delhi vs Easy Policy Insurance Web Aggregators ... on 11 November, 2021

              INCOME TAX APPELLATE TRIBUNAL
                DELHI BENCH "B": NEW DELHI
                 (Through Video Conferencing)

                        BEFORE
           SHRI O.P. KANT, ACCOUNTANT MEMBER
                           AND
           MS. SUCHITRA KAMBLE, JUDICIAL MEMBER

                       ITA No. 5875/Del/2018
                         Asstt. Year 2015-16

        ACIT, Circle-8(1)    Vs.   M/s. Easy Policy Insurance
        New Delhi.                 Web Aggregators Pvt. Ltd.
                                   C-56A/13, 6th Floor,
                                   Unity Tech Park, Sector 62,
                                   Noida
                                   Uttar Pradesh Pin 201301
                                   PAN AACCE6247L
        (Appellant)                (Respondent)



           Department by:    Shri Sujeet Kumar, CIT(DR)
           Assessee by :     None
           Date of Hearing   11/11/2021
           Date of           11/11/2021
           pronouncement


                              ORDER

PER SUCHITRA KAMBLE, JM

This appeal is filed by the revenue against the order dated 08.06.2018 passed by the CIT (A) - 3 Delhi for Assessment Year 2015-16.

2. At the time of hearing, we inquired from the Ld. CIT (DR) as to whether the tax effect of the grounds raised by Revenue is less than the monetary limit prescribed by CBDT for filing the appeal to which she fairly admitted that the tax effect is less than the monetary limit prescribed by CBDT for filing the appeal.

3. We have heard the Ld. CIT (DR) and perused the material on record. On perusing the grounds of appeal raised by the Revenue, we find that Revenue is aggrieved by the order of Learned CIT(A) in respect of the relief given by him. We find that CBDT vide Circular No. 3/2018 dated 11.07.2018 had increased the limit for filing appeal before ITAT at Rs. 20 lakhs. The limit for filing appeals before ITAT and other authorities were enhanced by CBDT vide Circular No.17 of 2019 dated 08.08.2019. As per the aforesaid CBDT Circular dated 08.08.2019, no Department appeals are to be filed against relief given by the Learned CIT(A) before the Income Tax Appellate Tribunal unless the tax effect, excluding interest, exceeds Rs.50 lakhs. We find that in the present case, the tax effect involved is less than Rs.50 lakhs. In the absence of any material placed on record by the Revenue to demonstrate that the issue in the present appeal is covered by exceptions provided in para 10 of the aforesaid CBDT Circular of 11.07.2018, we are of the view that the monetary limit prescribed by the instructions of the CDBT Circular dated 08.08.2019 would be applicable to the present appeal of the Department. We therefore hold the present appeal of Revenue to be not maintainable on account of low tax effect. However, in case there 2 ITA No. 5875/Del/2018 is any error in the computation of the tax effect involved or if for any reason, the aforesaid CBDT Circular is not applicable, it would be open to the Revenue to seek revival of the appeal. Thus the appeal of the Revenue is dismissed.

4. In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 11/11/2021, immediately after conclusion of the hearing of the matter in virtual mode.

                    sd/-                         sd/-
              (O.P. KANT)                    (SUCHITRA KAMBLE)
           ACCOUNTANT MEMBER                   JUDICIAL MEMBER

Dated:         /11/2021
Veena
Copy forwarded to
     1.   Applicant
     2.   Respondent
     3.   CIT
     4.   CIT (A)
     5.   DR:ITAT
                                                ASSISTANT REGISTRAR
                                                     ITAT, New Delhi




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