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

ITA 4039/DEL/2016Status: DisposedITAT Delhi14 January 2019AY 2008-092 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 appeal filed by the Revenue was not maintainable due to low tax effect. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The total income assessed by the Assessing Officer was Rs. 40,80,000/-. The tax effect was below the prescribed monetary limit for filing appeals by the Department.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT circulars.

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 2008-09.

Admittedly, the total income assessed by the Assessing Officer is Rs.40,80,000/- 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 14th January, 2019.

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