Income Tax Appellate Tribunal - Delhi
Acit, Circle- 5(1), New Delhi vs Blue Coast Hotels Ltd., New Delhi on 2 March, 2021
INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH " A ": NEW DELHI
(Through Video Conferencing)
BEFORE
SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
SHRI KULDIP SINGH, JUDICIAL MEMBER
ITA Nos. 602, 603, 604/Del/2018
Asstt. Years 2012-13, 2013-14, 2014-15
ACIT, Circle -5(1), Vs. Blue Coast Hotels Ltd.
New Delhi. 415-417,
Antriksh Bhawan,
Connaught Place,
New Delhi - 110 001
PAN AAACM0037G
(Appellant) (Respondent)
Department by: Shri Shiv Swaroop Singh, Sr. DR
Assessee by : None
Date of Hearing 02/03/2021
Date of 02/03/2021
pronouncement
ORDER
PER R.K. PANDA, AM
The above three appeals filed by the Revenue are directed against the separate orders dated 23rd October, 2017 of the Ld. CIT (A) -2, New Delhi relating to assessment years 2012-13, 2013-14 and 2014-15 respectively. For the sake of convenience, all these appeals were heard together and are being disposed of by this common order.
2. Ld. Counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the revenue in each of the appeal is below Rs. 50 lakhs. Therefore, in view of the CBDT Circular No. 17/2019 dated 8th August, 2019, the appeals filed by the revenue are not maintainable and, therefore, the appeals are liable to be dismissed.
3. Ld. DR fairly conceded that the tax effect involved in the grounds raised by the revenue is admittedly below Rs. 50 lakhs in each appeal.
4. After hearing both the sides, we find the tax effect involved in the grounds raised by the revenue in all the above three appeals is admittedly below Rs. 50 lakhs. CBDT vide circular No. 17/2019 dated 8th August, 2019 has increased the monetary limit for filing of appeals by the Revenue to Rs. 50 lakhs. It has subsequently been clarified by the CBDT that the said circular is applicable even to pending appeals. In view of the above, the 2 appeals filed by the revenue are not maintainable and are accordingly dismissed.
In the result all the three appeals filed by the revenue are dismissed.
Order pronounced in the open court at time of hearing itself i.e. on 2nd March, 2021.
sd/- sd/-
(KULDIP SINGH) (R.K. PANDA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 02 /03/2021
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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