ITO, NEW DELHI vs. SHRI SANJAY KUMAR SINGH, NEW DELHI

PDF · subscribers
ITA 4724/DEL/2016Status: DisposedITAT Delhi15 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 dismissed the appeal of the Revenue. This decision was based on CBDT Circular No. 3/2018, which revised the monetary limit for departmental appeals to the ITAT to ₹20 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2011-12. The total disputed addition was ₹49,44,510, with a tax effect less than ₹20 lakhs.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable in light of the revised monetary limits prescribed by the CBDT for filing appeals to the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI & AND & SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri J.K. Mishra, CIT-DR
Hearing: 15.01.2019Pronounced: 15.01.2019

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

1.

This appeal by the Revenue for the assessment year 2011-12 is directed against the order of learned CIT(A)-10, New Delhi dated 30th June, 2016.

2.

We find that in the present case, the total disputed addition before the ITAT is `49,44,510/-, on which the tax effect would be less than `20 lakhs. 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.

2 ITA-4724/Del/2016

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 15.01.2019.

Recent GST High Court judgments

Search GST case law →