ACIT, NEW DELHI vs. M/S. BEHL PROMOTERS & REALTORS PVT. LTD., NEW DELHI

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ITA 3625/DEL/2012Status: DisposedITAT Delhi10 December 2018AY 2008-093 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 CBDT circular, which has statutory force, mandates not pressing appeals with a tax effect below Rs. 20,00,000/-. As the tax effect in this case was below the limit and no exclusion applied, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee contended that the appeal was not maintainable due to a CBDT circular revising the monetary limit for appeals to Rs. 20,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the revised monetary limits prescribed by the CBDT circular for filing appeals.

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 BENCH “A”: NEW DELHI

Before: SHRI H.S. SIDHU & SHRI L.P. SAHU

For Appellant: Shri Kapil Goel, Advocate
For Respondent: Shri Sridhar Dora, Sr.DR, Shri Kapil Goel, Advocate
Hearing: 10/12/2018

The appeal filed by the Revenue is directed against the order of Ld. Commissioner of Income Tax (Appeals)-II, Delhi dated 26.04.2012 pertaining to the assessment year 2008-09. 2. During the course of hearing, the Ld. Sr. DR although supported the order of the AO, but could not controvert the fact that tax effect involved in this appeal is less than Rs. 20,00,000/-. The Ld. Counsel appearing for the assessee on the other hand contended that the present appeal of the Revenue is not maintainable in view of recent Circular of CBDT No. 3/2018 dated 11th July, 2018, whereby the monetary limit of tax effect for not filing appeals before the Tribunal has been revised to Rs. 20,00,000/-. The disputed amount involved is Rs. 58,26,579/- which is below Rs. 20 lacs.

3.

Having considered the rival submissions and the material available on record, including the above circular, we find that the above circular of CBDT on pecuniary limit has been issued in supersession of earlier CBDT Circular No. 21 of 2015 dated 10.12.2015, revising the monetary limit of tax effect from Rs. 10,00,000/- to Rs. 20,00,000/-. These instructions of CBDT have now statutory force within the provisions of section 268A and are made applicable to the pending appeals also by virtue of para 13 of the Circular.

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