ACIT, NEW DELHI vs. M/S. RAJESH KUMAR GOYAL, NEW DELHI

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ITA 2338/DEL/2016Status: DisposedITAT Delhi23 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 dismissed the appeal as the Revenue did not press it, citing a CBDT circular regarding appeals with a tax effect below Rs. 20 lakhs. The circular also directed withdrawal or non-pressing of pending appeals below this limit.

What were the facts?

The Revenue appealed against a reduction in an addition made under Section 69 of the Income Tax Act. 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 tax effect and CBDT circular instructions.

Which sections of the Income-tax Act were involved?

Section 69

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI, J.M. & SHRI O.P. KANT, A.M.

Hearing: 23.01.2019Pronounced: 23.01.2019

ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-20, New Delhi, Dated 26.02.2016, for the A.Y. 2011-2012, challenging the reduction of the addition from Rs.72,81,500/- to Rs.8,73,880/- under section 69 of the Income Tax Act, 1961.

2 ITA.No.2338/Del./2016 Shri Rajesh Kumar Goyal, New Delhi.

2.

Admittedly, the tax effect in the present appeal is less than Rs.20 lakhs. Vide Circular No.3/2018Dated 11th July, 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 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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 and seeks permission to withdraw the 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.

3 ITA.No.2338/Del./2016 Shri Rajesh Kumar Goyal, New Delhi. Order pronounced in the open Court.

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