DCIT, NEW DELHI vs. M/S. MAJESTIC PROPERTIES (P) LTD., NEW DELHI

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ITA 5230/DEL/2011Status: DisposedITAT Delhi19 August 2019AY 2004-054 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 Departmental appeal was not maintainable in view of the CBDT circulars which stipulated monetary limits for filing appeals. The Revenue's counsel did not press the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT challenging the deletion of additions made by the Assessing Officer. The tax effect of the appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Departmental appeal is maintainable before the Tribunal considering the tax effect and the CBDT circulars regarding monetary limits for appeals.

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 BENCHES “E”: DELHI

Before: SHRI BHAVNESH SAINI & SHRI B.R.R. KUMAR

Hearing: 13.08.2019Pronounced: 19.08.2019

PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-III, Delhi, Dated 14.09.2011 for the A.Y. 2004-2005, challenging the deletion of addition of Rs.65,44,000/- and Rs.18,28,800/-.

2.

Admittedly, the tax effect in the Departmental Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018

1.

2 ITA.No.5230/Del./2011 M/s. Majestic Properties (P) Ltd., New Delhi. Dated 11th July, 2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that the Department shall 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 pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax limit may be withdrawn/not pressed by the Department. The CBDT Vide Circular No.17/2019 Dated 08.08.2019 amended the earlier Circular No.3/2018 (supra) whereby it has been directed that monetary limit for filing the Departmental appeal in Income Tax Cases may be enhanced further through this amendment in para-3 of the Circular mentioned above and accordingly, the monetary limit for filing the appeal before the Appellate Tribunal have been enhanced to Rs.50 lakhs. Since Circular No.17/2019 Dated 08.08.2019 have been issued to amend its earlier Circular No.3/2018 (supra), therefore, all the conditions of earlier Circular No.3/2018 shall apply accordingly.

3 ITA.No.5230/Del./2011 M/s. Majestic Properties (P) Ltd., New Delhi. 3. The Ld. D.R. in view of the above Board’s Circulars did not press the Departmental Appeal. The case of the Department would not fall in the exceptions provided in the above Board Circulars. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

4.

In the result, appeal of the Department dismissed.

Order pronounced in the open Court.

Sd/- Sd/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Delhi, Dated 19th August, 2019 VBP/- Copy to 1. The appellant 2. The respondent 3. CIT(A) concerned 4. CIT concerned 5. D.R. ITAT “E” Bench 6. Guard File

4 ITA.No.5230/Del./2011 M/s. Majestic Properties (P) Ltd., New Delhi.

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