M/S AEZ INFRATECH P. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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ITA 6339/DEL/2015Status: DisposedITAT Delhi14 November 2019AY 2010-114 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed all the Department's appeals due to low tax effect. Consequently, the Assessees also withdrew and had their cross-appeals dismissed.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) heard 16 appeals filed by both the Department and the Assessees. Both parties agreed that the tax effect in the Department's appeals was less than Rs. 50 lacs.

What were the issues?

The primary issue was the dismissal of appeals based on a low tax effect threshold as per CBDT instructions and ITAT precedent.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’, NEW DELHI

Before: SHRI H.S. SIDHU & SHRI O.P. KANT

PER BENCH The aforesaid 16 appeals have been filed by the Department as well as Assessee against the separate impugned orders passed by the Ld. CIT(A), New Delhi relevant to respective assessment years as mentioned above.

2.

At the time of hearing both the parties agreed that in the aforesaid Revenue Appeals the tax effect involved is less than Rs. 50 lacs and therefore, the same should be dismissed. At the same time, Ld. AR for the assessee made a statement that the cross appeals filed by the Assessees in the aforesaid Revenue Appeals may also be dismissed as withdrawn, because the Departmental Appeals are being dismissed on account of low tax effect. He further submitted that the Assessees’ (AY 2009-10) - Victory Durobuild Pvt. Ltd. vs. ACIT and 6328 & 6329/Del/2015 (AYrs 2008-09 & 2009-10) – Stalward Properties Pvt. Ltd. vs. ACIT, as aforesaid, may also be dismissed as withdrawn by endorsing his remarks on the respective grounds of appeals of these 03 appeals.

3.

Keeping in view of the statements made by both the partiers and in view of the Instructions of CBDT circulated vide Circular No.17/2019 Dated 08.08.2019 as well as decision dated 14th August, 2019 of the ITAT, Ahemedabad ‘A’ Bench passed in the case of Income Tax Officer, Ward 3(2), Ahmedabad vs. Dinesh Madhvlal Patel and 627 others passed in (AY 1998-99), all the Revenue Appeal and Assessees Appeals are dismissed.

4.

In the result, all the 16 appeals filed by the Department as well as Assessee stand dismissed.

The decision is pronounced on 14.11.2019.

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