DCIT (EXEMPTION), UTTAR PRADESH vs. M/S. WOODSTOCK SCHOOL, MUSSOORIE

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ITA 5614/DEL/2015Status: DisposedITAT Delhi11 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 was based on CBDT Circular No. 3/2018, which revised the monetary limit for departmental appeals to the ITAT to Rs. 20 lakhs.

What were the facts?

The Revenue appealed against an order of the CIT(A) that allowed the assessee's claim. The disputed addition was Rs. 64,26,645, with a tax effect less than Rs. 20 lakhs.

What were the issues?

Whether the appeal filed by the Revenue is 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: Smt. Naina Sain Kapil, Senior DR
Hearing: 10.01.2019Pronounced: 11.01.2019

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), Dehradun dated 22nd July, 2015.

2.

We find that the assessee filed the return declaring nil income. The Assessing Officer made the addition of 64,26,645/- by disallowing the payment made to MARCPL. On appeal, learned CIT(A) allowed the same. The Revenue is in appeal against the relief allowed by the learned CIT(A). Thus, the total disputed addition before the ITAT is `64,26,645/-, 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 Senior DR agreed with the same.

2 ITA-5614/Del/2015

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 11.01.2019.

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