DCIT, NEW DELHI vs. M/S. ALL GROW FINANCE & INVESTMENT PVT. LTD., NEW DELHI

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ITA 3349/DEL/2016Status: DisposedITAT Delhi09 July 2019AY 2009-103 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 as per CBDT Circular No. 3/2018, the Department shall not file appeals where the tax effect does not exceed Rs. 20 lakhs. The Revenue's appeal was therefore not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order quashing re-assessment proceedings where the Assessing Officer had made an addition of Rs. 38,52,000/-. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect and the CBDT circular regarding monetary limits for appeals.

AI-generated summary — verify with the full judgment below

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

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

Hearing: 09.07.2019Pronounced: 09.07.2019

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-1, New Delhi, Dated 30.03.2016, for the A.Y. 2009-2010, challenging the Order of Ld. CIT(A) in quashing the re- assessment proceedings. The A.O. in the re-assessment proceedings made the addition of Rs.38,52,000/-.

2 ITA.No.3349/Del./2016 All Grow Finance & Investment Pvt. Ltd., New Delhi.

2.

Admittedly, the tax effect in the present appeal is less than Rs.20 lakhs. Vide Circular No.3/2018Dated 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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 instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

3.

In the result, appeal of the Department is dismissed.

Order pronounced in the open Court. Sd/- Sd/- (Dr. B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Delhi, Dated 09th July, 2019 VBP/-

3 ITA.No.3349/Del./2016 All Grow Finance & Investment Pvt. Ltd., New Delhi.

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