Income Tax Appellate Tribunal - Delhi
Dcit, New Delhi vs M/S. Kenmore Vikas India (P) Ltd., New ... on 10 September, 2020
INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "D": NEW DELHI
(Through Video Conferencing)
BEFORE
SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No. 2674/Del/2017
Asstt. Year 2013-14
DCIT, Circle -14(2), Vs. M/s. Kenmore Vikas India (P) Ltd.
Room No. 317B, 12-A, Shivaji Marg,
3rd Floor, C.R. New Delhi - 110 015
Building, I.P. Estate PAN AAACK4567D
New Delhi.
Respondent (Respondent)
Department by: Shri Arun Kumar Yadav, Sr. DR
Assessee by: Shri K. Sampath, Advocate
Shri V. Rai Kumar, Advocate
Date of Hearing 10/09/2020
Date of 10/09/2020
pronouncement
ORDER
PER R.K. PANDA, AM
This appeal filed by the revenue is directed against the order dated 28th February, 2017 of Ld. CIT(A) -5, Delhi relating to assessment year 2013-14.
ITA No. 2674/Del/2017
DCIT vs Kenmore Vikas India (P) Ltd.
2. Ld. Counsel for the assessee at the outset submitted that the tax effect involved in the grounds raised by the revenue is admittedly below Rs. 50 lakhs. Therefore in view of the recent CBDT Circular No. 17/2019 dated 8th August, 2019 the appeal filed by the revenue is not maintainable. Ld. DR fairly conceded that the tax effect involved in the grounds raised by the revenue is below Rs. 50 lakhs and therefore the CBDT circular is applicable to the present case.
3. After hearing both the sides we find the tax effect involved in the grounds raised by the revenue is admittedly below Rs. 50 lakhs. Therefore, in view of Circular No. 17/2019 dated 8th August, 2019 issued by the CBDT raising the monetary limit to Rs. 50 lakhs for filing of appeals by the revenue before the Tribunal and subsequent clarification dated 20th August, 2019 that the above circular applies even to the pending appeals, the appeal filed by the revenue is not maintainable. Accordingly the appeal filed by the revenue is dismissed on account of low effect.
4. However if the revenue at any point of time finds that tax effect involved in the grounds raised by the revenue is more than Rs. 50 lakhs the revenue is at liberty to move appropriate application for revival of the appeal.
2 ITA No. 2674/Del/2017
DCIT vs Kenmore Vikas India (P) Ltd.
4. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the Open Court at the time of hearing itself i.e on 10th September, 2020.
sd/- sd/-
(SUCHITRA KAMBLE) (R.K. PANDA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 10/09/2020
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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