DCIT, NEW DELHI vs. M/S. DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., NEW DELHI

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ITA 3792/DEL/2015Status: DisposedITAT Delhi01 January 2019AY 2007-083 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 noted that as per CBDT Circular No. 3 of 2018, appeals with a tax effect below Rs. 20 lakhs should not be filed and pending appeals may be withdrawn. Therefore, the departmental appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the deletion of an addition on account of advance against tender. The tax effect in the departmental appeal was below Rs. 20 lakhs.

What were the issues?

Maintainability of departmental appeal due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “D” : DELHI

Before: SHRI BHAVNESH SAINI, J.M. & SHRI O.P. KANT, A.M.

Hearing: 18.12.2018Pronounced: 01.01.2019

For Revenue : Smt. Naina Soin Kapil, Sr. D.R. For Assessee : Shri Yogesh Jain, C.A. Date of Hearing : 18.12.2018 Date of Pronouncement : 01.01.2019 ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-14, New Delhi, Dated 23.03.2015, for the A.Y. 2007-2008, challenging the deletion of addition on account of advance against tender of Rs.40,51,000/- made by the A.O.

2 ITA.No.3792/Del./2015 M/s. Delhi State Industrial & Infrastructure Development Corporation Ltd., New Delhi.

2.

Admittedly, the tax effect in the Departmental Appeal is below Rs.20 lakhs. Vide Circular No. 3 of 2018 dated 11.07.2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax effect may be withdrawn/not pressed. We may also note that the Appeal of the Department above would not fall within the exceptions provided in the Board Circular. In the result, the Departmental Appeal is not maintainable as have been filed against the instruction of the Board. The Departmental Appeal is dismissed.

[[[3. In the result, appeal of the Revenue is dismissed. Order pronounced in the open Court.

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