ITO- 1, UTTAR PRADESH vs. SMT. MADHURI GARG, NAJIBABAD

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ITA 1631/DEL/2015Status: DisposedITAT Delhi06 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 Revenue's appeal was not maintainable due to the low tax effect, as per the CBDT Circular. The Senior DR did not press the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT against the CIT(A)'s order. The tax effect in the departmental appeal was less than Rs. 20 lakhs. The CBDT Circular No. 3 of 2018 mandates that appeals with a tax effect below Rs. 20 lakhs should not be filed or pressed.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by the 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 BENCH “E”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Appellant: Shri Manish Garg, CA
For Respondent: Shri G. Johnson, Sr.DR, Shri Manish Garg, CA
Hearing: 06/12/2018

The appeal filed by the Revenue is directed against the order of Ld. Commissioner of Income Tax (Appeals), Moradabad dated 29.01.2015 pertaining to the assessment year 2011-12. 2. The income assessed as long term capital gain of Rs. 1,00,47,528/- on which the tax determined @ 10% is Rs. 10,04,752/- which is less than its prescribed limit of Rs. 20 lacs. Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs. Vide

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