ACIT, NEW DELHI vs. M/S. THE PRINTER HOUSE PVT. LTD., NEW DELHI

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ITA 5622/DEL/2016Status: DisposedITAT Delhi25 July 2019AY 2010-113 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 held that as per CBDT Circular No. 3 of 2018, appeals with a tax effect below Rs. 20 lakhs should not be filed or pressed. The Revenue's appeal was therefore not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the departmental appeal is maintainable before the ITAT given the tax effect and the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI H.S. SIDHU & SHRI ANADEE NATH MISSHRA

This appeal by Revenue has been directed against the order of Learned Commissioner of Income Tax (Appeals)-9, [‘Ld. CIT(A)’, for short] New Delhi, dated 24.06.2016 for Assessment Year 2010-11.

(2) Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs. Vide Circular No. 3 of 2018 dated 11.07.2018 issued by Central Board of Direct Taxes (CBDT) under section 268A of the I.T. Act, it has been directed that Department shall

ITA No.-5622/Del/2016. M/s The Printer House Pvt. Ltd. not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. It is also directed in this Circular, that pending appeals below the specified tax effect may be withdrawn/not pressed. Learned Sr. DR, who appeared on behalf of Revenue, did not press the appeal in view of the aforesaid Circular of CBDT. We may also note that this appeal of Revenue would not fall within the exceptions provided in the aforesaid Circular. In the result, the Departmental Appeal is not maintainable, in view of aforesaid CBDT Circular. The Appeal of Revenue is dismissed as withdrawn/not pressed by the Learned Sr. DR. We clarify that Revenue will be at liberty to file a miscellaneous application seeking recall of this order for restoration of the appeal; if it is found that the appeal of Revenue is not covered by aforesaid CBDT Circular.

(3) In the result, appeal of the Revenue is dismissed.

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