ITO, NEW DELHI vs. M/S. NIRVAN CLOTHING CO. PVT. LTD., NEW DELHI

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ITA 1064/DEL/2017Status: DisposedITAT Delhi02 July 2019AY 2013-144 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 dismissed the Revenue's appeal based on CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals before the ITAT to Rs. 20 lakhs. The circular also directed withdrawal or non-pressing of pending appeals below this limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order allowing depreciation of Rs. 38.76 lakhs to the assessee. The tax effect in this appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the revised monetary limit prescribed by the CBDT for filing appeals before the ITAT.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLE

Hearing: 02.07.2019Pronounced: 02.07.2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:

1.

This appeal by the Revenue is preferred against the order of the ld. CIT(A) – 6, New Delhi dated 01.12.2016 pertaining to A.Y 2013-14.

2.

The solitary grievance of the Revenue is that the CIT(A) erred in allowing depreciation of Rs. 38.76 lakhs.

3.

The grievance of the Revenue itself shows that the tax effect in this appeal is less than Rs. 20 lakhs. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

4.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

5.

In the result, the appeal of the revenue in is dismissed.

The order is pronounced in the open court on 02.07.2019.

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