ACIT, NEW DELHI vs. M/S. WITNESS BUILDERS PVT. LTD., NEW DELHI

PDF · subscribers
ITA 3475/DEL/2016Status: DisposedITAT Delhi30 August 2019AY 2007-084 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, as the tax effect was below the revised monetary limit set by the CBDT. The assessee also withdrew its cross-objection, which was consequently dismissed.

What were the facts?

The Revenue filed an appeal against an order related to assessment year 2007-08. The assessee also filed a cross-objection. The Revenue later sought to withdraw its appeal due to a low tax effect, citing a CBDT circular.

What were the issues?

Maintainability of appeal due to low tax effect and applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 144,Section 153A

AI-generated summary — verify with the full judgment below

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

Before: MS. SUSHMA CHOWLA & SHRI N.K.BILLAIYA

For Appellant: Smt. Sulekha Verma, CIT DR
Hearing: 29.08.2019Pronounced: 30.08.2019

आदेश आदेश / ORDER आदेश आदेश

PER SUSHMA CHOWLA, JM:

1.

The present appeal filed by Revenue is against order of CIT(A)- XXVI, New Delhi, dated 02.03.2016 relating to assessment year 2007-08 against the order passed under section 144 r.w.s 153A of the Income-tax Act, 1961 (in short ‘the Act’). The assessee has filed cross- objection against the appeal filed by the Revenue.

2.

The appeal of the Revenue and the cross-objection filed by the assessee heard together and are being disposed off by this consolidated order for the sake of convenience.

3.

However, Ld. DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.

4.

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Page | 2

Cross Objection No.268/Del/2016 & आयकर अपील सं. / ITA No:- 3475/Del/2016 िनधा�रण वष� / Assessment Year: 2007-08 Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

5.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

6.

In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

7.

Ld.AR for the assessee vide letter dated 29.08.2019 has withdrawn the cross-objection, hence the same is dismissed as withdrawn.

8.

In the result, the appeal filed by the Revenue is dismissed and cross-objection filed by the assessee is also dismissed.

Order pronounced in the open court on 30th day of August, 2019.

Sd/- Sd/- (N.K.BILLAIYA) (SUSHMA CHOWLA) लेखा सदःय लेखा सदःय/ACCOUNTANT MEMBER �याियक सदःय लेखा सदःय लेखा सदःय �याियक सदःय �याियक सदःय/JUDICIAL MEMBER �याियक सदःय Page | 3

Cross Objection No.268/Del/2016 & आयकर अपील सं. / ITA No:- 3475/Del/2016 िनधा�रण वष� / Assessment Year: 2007-08 �द�ली �द�ली / �दनांक Dated : 30th August, 2019. �द�ली �द�ली * Amit Kumar *

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →