DCIT, NEW DELHI vs. M/S. JOHNSON WATCH CO. PVT. LTD., NEW DELHI

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ITA 482/DEL/2016Status: DisposedITAT Delhi31 January 2019AY 2011-122 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 below the revised monetary limit for filing appeals to the ITAT as per CBDT Circular No. 3/2018. Therefore, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT. The total tax demanded, including interest, was Rs. 15,59,650/-. The CBDT Circular No. 3/2018 revised the monetary limit for departmental appeals to the ITAT to Rs. 20 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the revised monetary limits prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI & AND & SHRI KULDIP SINGH SHRI KULDIP SINGHSHRI KULDIP SINGH SHRI KULDIP SINGH

For Appellant: Shri Amit Katoch, Senior DR
For Respondent: Shri T.R. Talwar, AR
Hearing: 31.01.2019Pronounced: 31.01.2019

PER G.D. AGRAWAL, VICE PER G.D. AGRAWAL, VICE PRESIDENT PRESIDENT :- PER G.D. AGRAWAL, PER G.D. AGRAWAL, VICE VICE PRESIDENT PRESIDENT

1.

This appeal by the Revenue for the assessment year 2011-12 is directed against the order of learned CIT(A)-5, New Delhi dated 3rd November, 2015.

2.

We find that in the present case, the total tax demanded including interest is `15,59,650/-. The CBDT in its Circular No.3/2018 dated 11th July, 2018 has revised the monetary limit for filing of the departmental appeals to the ITAT at `20 lakhs. Learned CIT-DR agreed with the same.

3.

In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.3/2018 of CBDT dated 11th July, 2018.

4.

In the result, the appeal of the Revenue is dismissed. Decision pronounced in the open Court on 31.01.2019.

Sd/- Sd/- (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH) (KULDIP SINGH (G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL) G.D. AGRAWAL JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE VICE VICE PRESIDENT VICE PRESIDENT PRESIDENT PRESIDENT VK.

2 ITA-482/Del/2016

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