DCIT, NEW DELHI vs. M/S. SHRIRAM PISTONS & RINGS LTD., NEW DELHI

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ITA 5386/DEL/2015Status: DisposedITAT Delhi27 November 2018AY 2012-133 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CBDT Circular No. 03 of 2018 and Section 268A of the Income Tax Act, the Revenue should not have filed or should have withdrawn the appeal due to the low tax effect.

What were the facts?

The Revenue filed an appeal against an order of the Pr.CIT for Assessment Year 2012-13. The tax effect in the appeal was admittedly less than Rs. 20 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed limit should be entertained.

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: ‘C’, NEW DELHI

Hearing: 27/11/2018Pronounced: 27/11/2018

Dy.CIT, Circle 23(1) vs. M/s Shriram Pistons & Rings Room No.248, C.R.Building Ltd. IP Estate 23, Kasturba Gandhi Marg New Delhi 110 002 New Delhi 110 001 PAN: AAACS0229G (Appellant) (Respondent) Department by : Sh. Amit Katoch, Sr. D.R. Assessee by : Sh. R.K.Kapoor, Adv. Date of Hearing : 27/11/2018 Date of Pronouncement: 27/11/2018 ORDER

PER BEENA A PILLAI, JUDICIAL MEMBER

1.

The appeal is filed by Revenue against order dated 16.06.2015 of Ld.Pr.CIT(OSD) (A)-8, New Delhi pertaining to A.Y. 2012-13. Admittedly the tax effect in the present appeal is less than Rs.20 lakhs.

2.

In terms of CBDT Circular No. 03 of 2018, dated 11th July, 2018 read with S.268A of the Income Tax Act, 1961, the Revenue should have either not filed the present appeal, or should have withdrawn the same, as tax effect in this appeal is admittedly less than Rs. 20,00,000/-. 3. In view of the above, the appeal filed by Revenue is dismissed. 4. In the result, appeal filed by Revenue is dismissed. Order pronounced in the Open Court on 27th November, 2018. Sd/- Sd/- ( N.K. SAINI) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER Dt. 27TH November, 2018 *GMV

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