ITO, WARD-20(3), NEW DELHI vs. PYRAMID LEASING P.LTD, NEW DELHI

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ITA 4817/DEL/2018Status: DisposedITAT Delhi13 February 2019AY 2013-143 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 Department should not file appeals where the tax effect does not exceed Rs. 20 lakhs, as per CBDT Circular No. 3/2018. The Revenue's appeal was not pressed on this basis.

What were the facts?

The Revenue filed an appeal against the deletion of additions made by the Assessing Officer. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and the CBDT's instructions regarding monetary limits for appeals.

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI

Hearing: 13.02.2019Pronounced: 13.02.2019

For Revenue : Shri S.L. Anuragi, Sr. D.R. For Assessee : Ms. Gunjan Jain, C.A. Date of Hearing : 13.02.2019 Date of Pronouncement : 13.02.2019 ORDER This appeal by the Revenue has been directed against the Order of the Ld. CIT(A)-23, New Delhi, Dated 16.11.2017, for the A.Y. 2013-2014, challenging the deletion of additions of Rs.50,57,260/- and Rs.8,46,000/-.

3.

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

2 ITA.No.4817/Del./2018 Pyramid Leasing P. Ltd., New Delhi. 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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.

4.

In the result, appeal of the Department is dismissed.

Order pronounced in the open Court.

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