ACIT, NEW DELHI vs. MR. BIKRAM VAISH, NEW DELHI

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ITA 4092/DEL/2016Status: DisposedITAT Delhi01 July 2019AY 2012-134 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 mandates not pressing appeals with a tax effect below Rs. 20 lakhs. The Revenue's counsel did not press the appeal in light of this circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition made under Section 54F. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and the CBDT's instructions regarding pending appeals.

Which sections of the Income-tax Act were involved?

Section 54F,Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

For Appellant: Shri Somil Agarwal, Adv
For Respondent: Shri P.V. Gupta, Sr. DR, Shri Somil Agarwal, Adv
Hearing: 01.07.2019Pronounced: 01.07.2019

ORDER PER SHRI BHAVNESH SAINI, J.M.

This appeal by the Revenue has been directed against the order of Ld.CIT(Appeals)-18, New Delhi dated 01.04.2016 for AY 2012-13, challenging the order of Ld. CIT(A) in deleting the addition of Rs. 87,05,130/- made by AO on account of disallowance u/s 54F of the I.T. Act.

2.

Admittedly, the tax effect in the present appeal is less than Rs. 20 lakhs. Vide Circular No. 3/2018 dated 11th July, 2018 issued by CBDT u/s 268A of the I.T. Act, 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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. DR 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.

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