DCIT(EXEMPTION), CIRCLE, GHAZIABAD vs. MANAV SEWA SANG VRIDABAN, MATHURA

PDF · subscribers
ITA 4918/DEL/2018Status: DisposedITAT Delhi12 February 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 was not maintainable before the Delhi Bench as the Assessing Officer's location determined jurisdiction, and the tax effect was below the monetary limit for appeals as per CBDT circular.

What were the facts?

The Assessing Officer passed an ex-parte assessment order, which was partly allowed by the CIT(A). The Revenue filed an appeal before the ITAT, Delhi Bench.

What were the issues?

The primary issues were the correct jurisdiction for filing the appeal and whether the appeal met the monetary limit for tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC”: NEW DELHI

Before: SHRI BHAVNESH SAINI

Hearing: 12.02.2019Pronounced: 12.02.2019

ORDER This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-2, Agra, Dated 27.04.2018, for the A.Y. 2010-2011.

2.

In this case, the A.O. (ITO, Ward-3(2), Mathura) passed the ex-parte assessment order under section 144 of the Income Tax Act, 1961, Dated 21.03.2013 and computed the taxable income of assessee at Rs.38,60,454/-. The Ld. CIT(A) partly allowed the appeal of assessee.

2 ITA.No.4918/Del./2018 Manav Sewa Sang Vrindaban, Mathura.

3.

The Ld. D.R. was directed to clarify as to how the present appeal then filed before ITAT, Delhi Bench. The Ld. D.R. submitted that w.e.f. 12.12.2017 the jurisdiction of the assessee has been transferred to DCIT (Exemption), Ghaziabad. However, it is a fact that the assessment order have been passed on 21.03.2013. According to the Appellate Tribunal Rules, ordinary jurisdiction of the Bench will be determined not by the place of business or residence of the assessee, but by the location of the O/o. the Assessing Officer. Thus, the location of O/o. Assessing Officer was ITO, Ward-3(2), Mathura. Therefore, even if jurisdiction is subsequently transferred to Ghaziabad, no appeal would lie to ITAT, Delhi Bench. The Department shall have to file an appeal before the ITAT, Agra Bench. Further, the tax effect in the Departmental Appeal is below Rs.20 lakhs. According to CBDT Vide Circular No.3/2018 Dated 11thJuly, 2018, 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

1.

3 ITA.No.4918/Del./2018 Manav Sewa Sang Vrindaban, Mathura. appeals and appeals to be filed henceforth in Tribunals. In the present appeal, since the taxable income of assessee is only Rs.38,60,954/-, therefore, the tax effect would not exceed Rs.20 lakhs. In view of the above, the Departmental Appeal is not maintainable and the same is accordingly dismissed.

4.

In the result, appeal of the Department is dismissed.

Order pronounced in the open Court.

Recent GST High Court judgments

Search GST case law →