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Income Tax Appellate Tribunal, DELHI BENCH “C”, DELHI
Before: SHRI VIKAS AWASTHY & SHRI S RIFAUR RAHMAN
CO 80/Del/2024 (AY 2015-16) आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-5, New Delhi (hereinafter referred to as 'the CIT(A)’) dated 30.09.2019, for assessment year 2015-16. The assessee has filed Cross Objections in appeal filed by the Revenue.
Shri Divyanshu Agarwal, appearing on behalf of the assessee submitted that appeal by Revenue is liable to be dismissed on account of lower tax effect. He furnished a copy of Tax Computation received by the assessee along with assessment order to show that the total demand as per the tax computation is Rs.57,09,181/- which is less than the monetary limit for filing of appeal by the Revenue before the Tribunal in terms of Circular No. 9/2014.
The ld. DR pointed that as per Form No. 36, the total demand is Rs.98,57,359/-. However, he fairly submitted that as per tax computation the demand is less than Rs.60 lakhs. 4. In view of the fact that tax effect involved in appeal as per Income Tax Computation Form provided to the assessee alongwith assessment order is less than Rs. 60 lakhs, appeal of the Revenue is liable to dismissed on account of low tax effect. We hold accordingly. 5. Liberty is granted to the Revenue to revive appeal, in case the addition is made on account of any exception provided in para 3.1 of Circular No. 5/2024 dated 15.03.2024.
CO 80/Del/2024 (AY 2015-16) 6. The ld. Counsel for the assessee made a statement at Bar, that since appeal of the Revenue is dismissed on account of low tax effect, he is not pressing cross objections and is withdrawing the same. Accordingly, the cross objection of the assessee is dismissed as withdrawn.