DCIT, NEW DELHI vs. M/S. RAINBOW PROMOTERS PVT. LTD., NEW DELHI

PDF · subscribers
ITA 506/DEL/2015Status: DisposedITAT Delhi24 September 2019AY 2006-073 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 the appeal was not maintainable due to the tax effect being below the prescribed monetary limit. The appeal was accordingly dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2006-07. The tax effect in the case was found to be below the monetary limit for filing appeals before the ITAT as per the latest CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect is below the enhanced monetary limit prescribed by 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 ‘F’ BENCH,

Before: SHRI T.S. KAPOOR, & SHRI SUDHANSHU SRIVASTAVA,

For Appellant: Smt. Sulekha Verma CIT-DR
For Respondent: Shri Pradep Kaushik CA
Hearing: 23/09/2019Pronounced: 24/09/2019

PER SUDHANSHU SRIVASTAVA, JM

1. This appeal has been filed by the Revenue against the order of the Ld. CIT(A)-XXXIII, New Delhi, dated 31/10/2014, for Assessment Year 2006-07. From the grounds of appeal, we observe that the tax effect in this case is below monetary limit for filing appeals by the Department. The CBDT Vide Circular No.17/2019, dated 08/08/2019 has increased the monetary limit for filing appeals before ITAT. For the sake of completeness, such CBDT Circular is reproduced below:-

“Sub:- Further Enhancement of Monetary limits for filing of appeals by the Department before income Tax Appellate Tribunal, High Court and SLPs/appeals before Supreme Court-Amendment to Circular 3 of 2018- Measures for reducing litigation. Reference is invited to the Circular No. 3 of 2018 dated 11.07.2018 (the Circular) of Central Board of Direct Taxes (the Board) and its amendment dated 20th August. 2018 vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals before Supreme Court have been specified. Representation has also been received that an anomaly in the said circular at para 5 may be removed.

2. As step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.)

1.

Before Appellate Tribunal 50,00,000

2. Before High Court 1,00,00,000

2,00,00,000 3. Before Supreme Court

3.

Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed, para 5 of the circular is substituted by the following para: - “5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, In the case of an assessee. the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/ judgement involves more than one assessee each assessee shall be dealt with separately.”

The said modifications shall come into effect from the date of issue of this Circular.” 4.

5.

The same may be brought to the notice of all concerned.

6.

This issues under section 268A of the Income-tax Act, 1961.”

2.

The ld. DR though stated that it is not apparent from the present appeal as to whether the case of the assessee falls into any exception to the circular but at the same time, he was not able to demonstrate the exception applicable to the assessee, therefore, his arguments has no force. We find that the tax effect in this case is less than Rs.50 lakhs, therefore, the appeal is not maintainable and therefore, we dismiss the same.

3. However, the parties are given the liberty to file for recalling of this order if the appeal is covered by the exceptions listed at para- 10 (scope of which stands widened vide amendment dated 20/08/2018) or para 11 of the order.

4.

In the result, the appeal of the Revenue is dismissed.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →