What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was done in light of CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals to Rs. 20 lakhs.

The Revenue preferred an appeal before the ITAT against the order of the CIT(A). The appeal was filed for Assessment Year 2011-12.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the revised monetary limits prescribed by the CBDT for filing appeals before the ITAT.

ACIT vs Sh. Devendra Taneja, New Delhi | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLEShri Devendra Taneja

Hearing: 15.01.2019Pronounced: 15.01.2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

This appeal by the Revenue is preferred against the order of the CIT(A)- 24, New Delhi dated 30.08.2016 pertaining to A.Y 2011-12.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 15.01.2019.

ACIT, NEW DELHI vs. SH. DEVENDRA TANEJA, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments