ACIT, NEW DELHI vs. M/S. K.K. ROAD CARGO MOVERS, NEW DELHI

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ITA 3027/DEL/2016Status: DisposedITAT Delhi25 July 2019AY 2011-123 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 noted that the tax effect of the disputed addition was below the prescribed monetary limit of Rs. 20 lac for filing appeals by the Department. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the disputed amount and the tax effect were below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the low tax effect, as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Surender Pal, Sr.D.R
For Respondent: Shri Sanjeev Chaddha, CA

O R D E R PER AMIT SHUKLA, JUDICIAL MEMBER

The aforesaid appeal has been filed by the Revenue against the impugned order dated 25.07.2019, passed by Commissioner of Income Tax (Appeals)-VII, New Delhi for the Assessment Year 2011-12.

2.

Before us, ld. counsel for the assesse submitted that the disputed amount raised in the Revenue’s Appeal is Rs.40,48,709/- and tax effect in such disputed addition is only Rs.12,51,051/- which is much below the new prescribed monetary limit for filing of appeal by the Department before the ITAT of Rs.20 lac vide CBDT Circular No. 03/2008 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018. He has also given the following working. 1. Addition as per AO order: Para 3: 10% of 89,58,052 895805 Para 4: 10% of 87212676 8721267 Total 9617072

Disputed Demand in Appeal Para 3 : 10% of 89,58,052 895805

As per Remand Report submitted by 3152904 AO at time of CIT(A) where 10% of 87212676 was reduced to 10% of 31529044 (page 38 of CIT order)

Total disputed Addition 4048709 Tax on 4048709 @ 30.9% Disputed Tax 1251051 This is below 20 lakhs, hence low tax effect

3.

Ld. DR also admitted that the tax effect is below prescribed monetary limit of Rs.20 lac for filing of the appeal before the Tribunal by the Department.

4.

Thus, in view of CBDT Circular No.03/2008 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018, the appeal of the Revenue is dismissed.

5.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on 25th July, 2019.

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