DCIT, NEW DELHI vs. M/S MINDA INVESTMENTS LTD.,, DELHI

In this case, the A.O. disallowed Rs.1,52,20,137/- under section 14A of the I.T. Act, 1961. Since the assessee itself has disallowed Rs.35,65,400/- in the computation of 2 ITA.No.306/Del./2017 M/s. Minda Investments Ltd., Delhi. income, therefore, balance amount of Rs.1,16,54,737/- was added to the income of assessee. The Ld. CIT(A) restricted the disallowance under section 14A to Rs.1,06,51,380/- in place of Rs.1,52,20,137/- worked-out by the A.O. The Revenue challenged the Order of Ld. CIT(A) in reducing the addition.

Admittedly, the tax effect in the present appeal is less than Rs.20 lakhs. Vide Circular No.3/2018 Dated 11th July, 2018 issued by CBDT, 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 Tribunals. Pending appeals below the specified tax limit may be withdrawn/not pressed. The Ld. D.R. in view of the Board’s Circular above did not press the Departmental Appeal. The case of the Department would not fall in the exceptions provided in the above Board Circular. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board

3 ITA.No.306/Del./2017 M/s. Minda Investments Ltd., Delhi. instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

In the result, appeal of the Department is dismissed.