DCIT (International Taxation), New Delhi M/s SMS Siemag AG, New Delhi

Last updated: 24 December 2020

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This Income Tax Appellate Tribunal case concerns an appeal by the DCIT against SMS Siemag AG for the assessment year 2011-12. The Revenue's representative requested the appeal be dismissed based on a CBDT circular. This circular states that the Revenue will not pursue appeals before the Tribunal if the tax effect is below Rs. 50 lakhs.

Court :
ITAT New Delhi

Brief :
This appeal by the assessee is directed against final assessment order dated 28.09.2015 passed by the Deputy Commissioner of Income Tax, Circle-3(1)(2), Intl. Taxation, New Delhi [in short ‘the Ld. Assessing Officer] for assessment year 2011-12, pursuant to the direction of the Ld. Dispute Resolution Panel (DRP).

Citation :
ITA No.6179/Del./2015

IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: ‘D’ NEW DELHI

BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER
AND
MS. SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No.6179/Del./2015
Assessment Year: 2011-12

DCIT (International
Taxation),
Circle -3(1)(2),
New Delhi
(Appellant)

Vs.

SMS Seimag AG,
C/o- Mohinder Puri & Co.,
1A-1D, Vandna, 11 Tolstoy
Marg,
New Delhi
PAN :AADCS1173J
(Respondent)

ORDER

PER O.P. KANT, AM:

This appeal by the assessee is directed against final assessment order dated 28.09.2015 passed by the Deputy Commissioner of Income Tax, Circle-3(1)(2), Intl. Taxation, New Delhi [in short ‘the Ld. Assessing Officer] for assessment year 2011-12, pursuant to the direction of the Ld. Dispute Resolution Panel (DRP).

2. At the outset, the learned Sr. DR brought to our attention that CBDT, vide Circular No. 17/2019 dated 08th August, 2019, has decided that the Revenue would not prefer any appeal before the Tribunal, if the tax effect is less than Rs.50 lakhs. Therefore, he pleaded that the appeal of the Revenue be decided as per the Instruction of the CBDT.

To know more in details find the attachment file

FAQ :

The appeal is by the DCIT against SMS Siemag AG for the assessment year 2011-12, concerning a final assessment order passed by the Deputy Commissioner of Income Tax.

The Revenue's representative cited CBDT Circular No. 17/2019, dated 8th August 2019.

The circular states that the Revenue will not prefer any appeal before the Tribunal if the tax effect involved is less than Rs. 50 lakhs.

The Revenue pleaded that their appeal against SMS Siemag AG be decided in accordance with the CBDT's instruction, implying it should be dismissed due to the tax effect being below the threshold.