ACIT, NEW DELHI vs. SH. MANOJ KUMAR PROP., GURGAON

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ITA 1467/DEL/2016Status: DisposedITAT Delhi02 August 2019AY 2010-112 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 appeal filed by the Revenue. This decision was based on the CBDT Circular No. 03 of 2018, which mandates dismissal of appeals with a tax effect below a certain threshold.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) which had reduced an addition on account of wages and deleted an addition on account of bonus. The tax effect of the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to the tax effect being below the threshold stipulated by CBDT Circular No. 03 of 2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI SUCHITRA KAMBLE

For Appellant: Smt. Rinku Singh
Hearing: 01/08/2019Pronounced: 02/08/2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the Ld. CIT(A)-20, New Delhi, dated 27/01/2016.

2.

The substantive grievance of the Revenue read as under:- (i) In the facts and circumstances of the case, the Ld. CIT(A) has erred in reducing the addition on a/c of wages paid from Rs.42,16,362/- to Rs.25,11,087/-. (ii) In the fact and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.27,77,244/- on a/c of bonus paid.”

3.

A perusal of the aforementioned grounds shows that the tax effect would be less than Rs.20 lakhs and therefore this appeal by the Revenue has to be dismissed in the light of the CBDT Circular No.03 of 2018. Accordingly, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 02/08/2019

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