ITO, NEW DELHI vs. MODH. NADEEM, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
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. This instruction applies retrospectively to pending appeals.
What were the facts?
The Revenue appealed against the deletion of an addition made under Section 69A 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 CBDT circular instructions regarding monetary limits for filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI
Before: SHRI BHAVNESH SAINI
For Revenue : Shri S.L. Anuragi, Sr. D.R. For Assessee : Shri Ashvini Kumar, Advocate. Date of Hearing : 02.05.2019 Date of Pronouncement : 02.05.2019 ORDER
This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-12, New Delhi, Dated 31.08.2016, for the A.Y. 2011-2012, challenging the deletion of addition of Rs.40,73,569/- made under section 69A of the I.T. Act, 1961.
Earlier, the departmental appeal was allowed for statistical purposes vide Order dated 31.05.2017. However,
2 ITA.No.5940/Del./2016 Mohd. Nadeem New Delhi. the said Order was recalled by allowing the M.A. filed by the assessee vide Order dated 03.04.2019. The Departmental Appeal was fixed for hearing.
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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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 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 ITA.No.5940/Del./2016 Mohd. Nadeem New Delhi. 4. In the result, appeal of the Department dismissed.
Order pronounced in the open Court.
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026
- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026