ITO, NEW DELHI vs. SANGEETA RANI, GURGAON

PDF · subscribers
ITA 1894/DEL/2016Status: DisposedITAT Delhi19 August 2019AY 2011-124 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 appeals were not maintainable due to the low tax effect, as per CBDT Circulars. Therefore, the appeals were dismissed.

What were the facts?

The Revenue filed appeals against the deletion of additions made by the AO and the cancellation of a penalty. The tax effect in these appeals was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Departmental appeals are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “D”: DELHI

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

Hearing: 14.08.2019Pronounced: 19.08.2019

PER BHAVNESH SAINI, J.M. Both the appeals by Revenue has been directed against the Orders of the Ld. CIT(A)-15, Delhi, Dated 21.01.2016 and 22.01.2016, for the A.Y. 2011-2012.

2.

In ITA.No.1893/Del./2016 the A.O. made the addition of Rs.1,14,96,800/- on account of short term capital gains and made further addition of Rs.64,461/- on 2 ITA.No.300/Del./2017 M/s. Modi Entertainment Network Ltd., New Delhi. account of estimated business income. Both these additions have been deleted by the Ld. CIT(A).

3.

In ITA.No.1894/Del./2016, the Revenue challenged the cancellation of penalty under section 271(1)(c) of the I.T. Act, 1961, in a sum of Rs.35,10,383/-.

4.

Admittedly, the tax effect in the Departmental Appeals is less than Rs.50 lakhs. Vide Circular No.3/2018 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 Pending appeals below the specified tax limit may be withdrawn/not pressed by the Department.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 3 ITA.No.300/Del./2017 M/s. Modi Entertainment Network Ltd., New Delhi. 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.

5.

The Ld. D.R. in view of the above Board’s Circulars did not press the Departmental Appeals. The cases of the Department would not fall in the exceptions provided in the above Board Circulars. In the result, the Departmental appeals are not maintainable as the appeals are filed against the Board instructions referred to above and therefore, the appeals of the Department are liable to be dismissed.

6.

In the result, appeals of the Department are dismissed. Order pronounced in the open Court.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →