M/S. WORLDWIDE REALTORS (P) LTD,NEW DELHI vs. DCIT, NEW DELHI

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ITA 2276/DEL/2016Status: DisposedITAT Delhi18 February 2020AY 2004-053 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the Revenue's main appeals were dismissed, the assessee's cross objections and appeals, which were dependent on them, had become infructuous. Therefore, they were also dismissed.

What were the facts?

The Revenue's appeals were dismissed by the Tribunal due to low tax effect, falling below the threshold prescribed by CBDT circulars. The assessee's cross objections and appeals were filed against these Revenue appeals.

What were the issues?

Whether the assessee's appeals and cross objections survive when the Revenue's main appeals, against which they were filed, have been dismissed on the grounds of low tax effect.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SHRI R. K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Smt. Sushma Singh, CIT DR
Hearing: 30.01.2020Pronounced: 18.02.2020

Heard together (3 matters)

ITA No. 2276/DEL/2016
CO No. 204/Del/2016
ITA No. 2609/Del/2016

Read from the judgment's own cause title. This page is filed under one of them.

ORDER PER SUCHITRA KAMBLE, JM These appeals and cross objection are filed by the respective assessee against orders passed by the Commissioner of Income Tax (Appeals)- XXVI, New Delhi.

2.

At the outset, it was brought to our notice that the tax effect involved in Revenue’s appeals being and ITA No. 2600/D/2016 as well as 2609/D/2016 for respective Assessment Years were dismissed vide orders dated 04.10.2019 and 18.09.2019 by the Tribunal on the ground of low tax effect in respect of appeals being less than Rs. 50 lacs, which squarely falls within the ambit of Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue and subsequent clarification issued by CBDT on 20th August, 2019.

3.

The Ld. AR submitted that these cross objections and appeals are against the appeals filed by the Revenue therefore, does not survive as the main appeals filed by the Revenue are dismissed for low tax effect. Therefore, the cross objection and the appeals filed by the respective assessees becomes infructuous, hence dismissed.

4.

In the result, appeals and cross objection of the assessees are dismissed.

Order pronounced in the Open Court on 18th February, 2020.

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