ITO, NEW DELHI vs. M/S. HI LIFE EXPORTS (P) LTD., NEW DELHI

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ITA 3060/DEL/2016Status: DisposedITAT Delhi18 March 2019AY 2007-083 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. This was done in light of CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals by the department to Rs. 20 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2007-08. The appeal was filed by the Revenue against the assessee, Hi Life Exports (P) Ltd.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed based on the revised monetary limits stipulated by the CBDT for filing appeals.

AI-generated summary — verify with the full judgment below

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

Before: SHRI H. S. SIDHU & SH. N. K. BILLAIYA

For Respondent: DR Assessee by : Sh. Sameer Malhotra, Advocate
Hearing: 18.03.2019Pronounced: 18.03.2019

ORDER PER: N. K. BILLAIYA, AM

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals]-4, New Delhi, dated 08.03.2016 for Assessment Year 2007-08.

2.

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 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 The pending appeals below the specified tax limit in para 3 above may be withdrawn/ not pressed.” However, it is observed that in case on re-verification at the end of the Assessing Officer it can be demonstrated that the tax effect is more, or Revenue’s case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order relatable to such cases. Such application should be filed within the time period prescribed in the Act.

3.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 18.03.2019.

Sd/- Sd/- (H. S. SIDHU) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 18.03.2019 Neha/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR ITAT NEW DELHI

Date of dictation 18.03.2019

Date on which the typed draft is placed before the 18.03.2019 dictating Member Date on which the typed draft is placed before the 18.03.2019 Other Member

Date on which the approved draft comes to the Sr. 18.03.2019 PS/PS

Date on which the fair order is placed before the 18.03.2019 Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 18.03.2019 PS/PS Date on which the final order is uploaded on the 18.03.2019 website of ITAT

Date on which the file goes to the Bench Clerk 18.03.2019

Date on which the file goes to the Head Clerk

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