ACIT, NEW DELHI vs. SH. HEM CHAND GUPTA, DELHI

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ITA 3446/DEL/2016Status: DisposedITAT Delhi16 April 2019AY 2011-123 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 ITAT dismissed the appeal filed by the Revenue. This was based on the CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals to Rs. 20 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The tax effect in the appeal was less than Rs. 20 lakhs. The assessee sought an adjournment.

What were the issues?

Whether the Revenue's appeal should be dismissed due to a low tax effect, in light of the CBDT's revised monetary limits for appeals.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 3/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’,

Before: SHRI BHAVNESH SAINI, & SHRI N.K. BILLAIYA

For Appellant: Shri Surendra Pal, Sr. DR
For Respondent: Shri Lalit Kumar, CA
Hearing: 16/04/2019Pronounced: 16/04/2019

ORDER PER N. K. BILLAIYA, ACCOUNTANT MEMBER:

This appeal by the Revenue is preferred against the order of the ld. CIT(A) – 19, New Delhi dated 07.03.2016 pertaining to A.Y 2011-12.

2.

The ld. counsel for the assessee has filed an application dated 16.4.2019 seeking adjournment. However, we find that the grievance of the Revenue itself shows that the tax effect 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 The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”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. Order pronounced in the open court on 16.04.2019.

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