ITO, NEW DELHI vs. RAJESH BANSAL, NEW DELHI

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ITA 17/DEL/2016Status: DisposedITAT Delhi25 January 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 Tribunal noted that the tax effect was indeed below the threshold specified in the CBDT Circular No. 03/2018. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for Assessment Year 2011-12. The assessee's counsel pointed out that the tax effect involved was below Rs. 20 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect involved, as per the prevailing CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No.03/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C”, NEW DELHI

Before: SHRI KULDIP SINGH & Dr. B.R.R. KUMAR

Hearing: 24/01/2019Pronounced: 25/01/2019

This appeal filed by the revenue is directed against the order dated 12.10.2015 of the CIT(A)-21, New Delhi relating to A.Y. 2011-12.

2.

The Ld. Counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the revenue is below Rs.20 lakhs. Therefore, in view of the latest CBDT Circular No.03/2018 dated 11th July,2018, the appeal filed by the Revenue is not maintainable.

3.

The Ld. DR fairly conceded that the tax effect involved in the grounds raised by the revenue is below Rs.20 lakhs and therefore, the appeal filed by the Revenue has to be dismissed. He, however, requested that, if, at any point of time it is noticed that the case of the Revenue falls under any of the amended para 10 of the Circular vide Notification dated 20.08.2018, the Revenue should be allowed to file Miscellaneous Application for revival of the appeal.

4.

After hearing both the sides and on perusal of the material available on record we find the tax effect involved in the grounds raised by the Revenue in the impugned appeal is admittedly below Rs.20 lakhs. Therefore, the appeal filed by the Revenue is not maintainable in view of the CBDT Circular No.03/2018 dated 11th July, 2018 which is applicable even to pending appeals. However, if the Revenue, at any point of time finds that the case of the Revenue falls under any of the clauses as per amended para 10 of the said Circular vide Notification dated 20.08.2018, the Revenue is at liberty to file Miscellaneous Application for revival of the appeal. The appeal filed by the revenue is accordingly dismissed.

5.

In the result, the appeal filed by the Revenue is dismissed in the terms indicated above.

Order pronounced in the open Court at the time of hearing itself i.e. on this 24.01.2019.

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