ITO, NEW DELHI vs. M/S AJAY TEXTILES PVT. LTD., NEW DELHI

ITA 4038/DEL/2016Status: DisposedITAT Delhi14 January 2019AY 2007-082 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 tax effect of the appeal was below the prescribed monetary limit for filing appeals by the Department. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for Assessment Year 2007-08. The total income assessed by the Assessing Officer was Rs. 61,20,000.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to a low tax effect, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Appellant: Shri Praveen Kumar, Sr.D.R

O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the Revenue against the impugned order dated 03.05.2016 passed by Commissioner of Income Tax (Appeals)-I, New Delhi for the Assessment Year 2007-08.

Admittedly, the total income assessed by the Assessing Officer is Rs.61,20,000/- on which tax effect is much below the new prescribed monetary limit for filing of appeal by the Department before the ITAT of Rs.20 lac vide CBDT Circular No. 03/2008 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018. Accordingly, the appeal of the Revenue is dismissed as non maintainable because of low tax effect.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on January, 2019.

[O.P. Kant] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: January, 2019 PKK:

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