Case Law Details
ACIT Vs Shri Harish Bhasin (ITAT Delhi)
Conclusion: Revised/enhanced minimum threshold limit of tax effect of Rs. 50 Lakh vide CBDT Circular No. 17/2019, dated 8-8-2019 was applicable not only for appeals to be filed by Revenue in future; but also for appeals already filed by Revenue in ITAT. Therefore, all existing appeals in ITAT, having tax effect below the revised/enhanced limit of Rs. 50,00,000, were to be treated as withdrawn/not pressed; and were, not maintainable.
Held: The issue arose for consideration was whether the revised/enhanced minimum threshold limit of tax effect of Rs. 50, 00, 000 vide CBDT Circular No. 17/2019, dated 8-8-2019 was applicable not only for appeals to be filed by Revenue in future; but also for appeals already filed by Revenue in ITAT. It was held in view of the CBDT Circular No. 17/2019, dated 8-8-2019; the direction in earlier Circular, dated 11-7-2018 to withdraw/not press Revenue’s appeal with tax effect below Rs. 20, 00, 000; was now to be read as direction to withdraw/not press Revenue’s appeal with tax effect below revised/enhanced limit of Rs. 50, 00, 000. Therefore, all existing appeals in ITAT, having tax effect below the revised/enhanced limit of Rs. 50,00,000, were to be treated as withdrawn/not pressed; and were, not maintainable.
FULL TEXT OF THE ITAT JUDGEMENT
(A) The aforementioned appeals by Revenue and Cross Objections by Sahara India Limited are taken up together for the sake of convenience and brevity and these appeals are hereby disposed off through this Consolidated Order; as in all these appeals the tax effect is less than the monetary limit fixed by the CBDT in its Circular No. 17/2019, dated 8-8-2019.
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