DCIT, NEW DELHI vs. M/S METRO ORTEM LTD., NEW DELHI

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ITA 1501/DEL/2016Status: DisposedITAT Delhi02 May 2019AY 2006-073 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 the appeal was not maintainable as the tax effect was less than the revised monetary limit of Rs. 20 lakhs stipulated by CBDT Circular No. 03 of 2018. The circular was applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT for Assessment Year 2006-07. The assessee contended that the appeal was not maintainable due to a low tax effect.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit set by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.D. AGARWAL & SHRI K.NARASIMHA CHARY

For Appellant: Shri Sanat Kapoor, Advocate, Shri Sidharth Kanwar, Advocate
For Respondent: Ms Nidhi Srivastava, CIT- DR
Hearing: 02.05.2019Pronounced: 02.05.2019

ORDER PER K. NARASIMHA CHARY, JM

The present appeal filed by the Revenue is directed against the order dated 28.1.2016 in Appeal No.235/14-15 passed by the Learned Commissioner of Income-tax(Appeals)-24, New Delhi {“CIT(A)”} in relation to Assessment Year 2006-07.

2.

At the outset, the learned counsel for the assessee submitted that the appeal of the revenue is not maintainable as the tax effect involved in this case is less than Rs.20 lacs.

3.

We have heard the parties. It is found that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal. It is further found that as the tax effect involved in the instant appeal is less than Rs.20,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.20,00,000/-.

4.

Going by the prescription of the aforenoted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in this case is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case.

5.

In the result, the appeal of the Revenue stands dismissed.

Order pronounced in the Open Court on 2nd May, 2019.

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