ACIT, NEW DELHI vs. M/S. VAN OORD ACZ INDIA (P) LTD., MUMBAI

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ITA 3967/DEL/2016Status: DisposedITAT Delhi01 May 2019AY 2010-113 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 filed by the Revenue was not maintainable due to the tax effect being below the threshold stipulated in CBDT Circular No. 03/2018. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2010-11. The assessee did not appear, and the Revenue's counsel conceded that the tax effect was below Rs. 20 lac.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect threshold set by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : G : NEW DELHI

Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE

For Respondent: Shri N.K. Bansal, Sr.DR
Hearing: 01.05.2019Pronounced: 01.05.2019

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2010-11 ACIT, Vs. Van Oord ACZ India (P) Ltd., 6th Floor, Shanghvi Udyan, Circle-26(1), CR Building, B-18, Vaikunthlal Mehta Road, New Delhi. JVPD Scheme, Mumbai. PAN: AABCV0555B (Appellant) (Respondent) Assessee by : None Revenue by : Shri N.K. Bansal, Sr.DR Date of Hearing : 01.05.2019 Date of Pronouncement: 01.05.2019 ORDER

PER R.K. PANDA, AM:

1.

This appeal by the Revenue is directed against the order dated 4th April, 2016 of the CIT(A)-33, New Delhi, relating to Assessment Year 2010-11.

2.

None appeared on behalf of the assessee despite notice. We, therefore, proceeded to dispose of the appeal after hearing the ld. DR.

3.

We find, in the instant case, that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lac and, therefore, in view of the recent CBDT Circular No.03/2018 dated 11th July, 2018, the appeal filed by the Revenue is not maintainable and has to be dismissed. The ld. DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lac. We, therefore, hold that the appeal filed by the Revenue is not maintainable in view of the CBDT Circular No.03/2018 dated 11th July, 2018 which is applicable even to pending appeals. However, if the Revenue, at any point of time, finds that the case of the Revenue falls under any of the clauses as per amended para 10 of the said Circular, vide Notification dated 20th August, 2018, the Revenue is at liberty to file Miscellaneous Application for revival of the appeal. The appeal filed by the Revenue is, accordingly, dismissed.

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