DCIT, FARIDABAD vs. SH. RAJIV NATH, FARIDABAD

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ITA 822/DEL/2015Status: DisposedITAT Delhi18 December 2018AY 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 held that the appeal filed by the Revenue was not maintainable due to the CBDT Circular No. 03/2018, which sets a monetary limit for appeals. The Revenue was given liberty to file a Miscellaneous Application if the case falls under exceptions.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee's counsel pointed out that the tax effect was below Rs. 20 lac.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect is below the threshold stipulated by CBDT Circular No. 03/2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : C : NEW DELHI

Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Shri V.K. Aggarwal, Advocate &, Ms Sweta Bansal, CA
For Respondent: Shri Rampal Meena, CIT, DR
Hearing: 18.12.2018Pronounced: 18.12.2018

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2011-12 DCIT, Vs. Rajiv Nath, Central Circle-II, H.No.1344, Faridabad. Sector-14, Faridabad. PAN: AABPN8195J (Appellant) (Respondent) Assessee by : Shri V.K. Aggarwal, Advocate & Ms Sweta Bansal, CA Revenue by : Shri Rampal Meena, CIT, DR Date of Hearing : 18.12.2018 Date of Pronouncement: 18.12.2018 ORDER

PER R.K. PANDA, AM:

1.

This appeal by the Revenue is directed against the order dated 11th December, 2014 of the CIT(A)-3, Gurgaon, relating to Assessment Year 2011-12.

2.

The ld. AR, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lac and, therefore, in view of the recent CBDT Circular No.03/2018 dated 11th July, 2018, the appeal filed by the Revenue is not maintainable and has to be dismissed. The ld. DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is, admittedly, below Rs.20 lac. We, therefore, hold that the appeal filed by the Revenue is not maintainable in view of the CBDT Circular No.03/2018 dated 11th July, 2018 which is applicable even to pending appeals. However, if the Revenue, at any point of time, finds that the case of the Revenue falls under any of the clauses as per amended para 10 of the said Circular, vide Notification dated 20th August, 2018, the Revenue is at liberty to file Miscellaneous Application for revival of the appeal. The appeal filed by the Revenue is, accordingly, dismissed.

3.

In the result, the appeal filed by the Revenue is dismissed. The decision was pronounced in the open court on 18.12.2018 at the time of hearing.

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