ACIT, NEW DELHI vs. SH. SANJAY GUPTA, NEW DELHI

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ITA 4745/DEL/2015Status: DisposedITAT Delhi06 December 2018AY 2010-114 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 Revenue's appeal based on CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals before the ITAT to Rs. 20 lakhs. The circular also allowed for withdrawal of pending appeals below this limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 39.60 lakhs. The tax effect of the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the monetary limit prescribed by the CBDT for filing appeals before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH

Hearing: 06.12.2018Pronounced: 06.12.2018

ORDER PER N.K. BILLAIYA, AM:-

This appeal by the Revenue and is preferred against the order of the Commissioner of Income Tax [Appeals] – XII, New Delhi dated 31/03/2015 pertaining to assessment year 2010-11.

2.

The sole grievance of the Revenue is that the CIT(A) erred in deleting the addition amounting to Rs. 39.60 lakhs.

3.

The grievance of the Revenue itself shows that the tax effect is less than Rs. 20 lakhs. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

4.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

5.

In the result, the appeal of the Revenue stand dismissed.

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