ACIT, NEW DELHI vs. SH. AJAY KUMAR THAKKAR, NEW DELHI

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ITA 2157/DEL/2017Status: DisposedITAT Delhi03 July 2019AY 2012-133 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 should 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 appealed against the deletion of an addition of Rs. 50 lakhs made under Section 69 of the Income Tax Act. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Departmental appeal is maintainable given the tax effect and the CBDT circular instructions.

Which sections of the Income-tax Act were involved?

Section 69

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

Hearing: 03.07.2019Pronounced: 03.07.2019

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-27, New Delhi, Dated 06.01.2017, for the A.Y. 2012-2013, challenging the deletion of addition of Rs.50 lakhs under section 69 of the I.T. Act, 1961.

2 ITA.No.2157/Del./2017 Shri Ajay Kumar Thakkar, New Delhi.

2.

Admittedly, the tax effect in the present appeal is less than Rs.20 lakhs. Vide Circular No.3/2018Dated 11thJuly, 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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 aboveBoard 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.

3 ITA.No.2157/Del./2017 Shri Ajay Kumar Thakkar, New Delhi. Order pronounced in the open Court.

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