DCIT, NEW DELHI vs. ISERVICES INDIA PVT. LTD., NEW DELHI

The appeal filed by the Revenue is directed against the order of Ld. Commissioner of Income Tax (APPEALS), XXVII, New Delhi dated 08.06.2015 pertaining to the assessment year 2008-09. In this case the addition disputed before the Ld. CIT(A) was only Rs. 15,34,120/- which has been deleted by the Ld. CIT(A) against which department has come into appeal. 2. However, in the grounds of appeal raised by the department it is noticed that a different figure has been taken which does not correspond to the impugned orders. Ld. CIT (DR) admitted that the grounds filed by the revenue is apparently incorrect and the only disputed amount is of Rs. 15,34,120/-, because the addition made by the AO was itself Rs. 15,34,120/-. The tax effect on the disputed amount is thus much below Rs. 20 lacs, which fact has been admitted by both the parties the tax effect is below the monetary limit of Rs. 20 lakhs. Now in view of CBDT Circular No.03/2018 dated 11th July 2018 wherein it has clarified that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.20 lakhs.

3. Accordingly, revenue’s appeal is dismissed as not maintainable. CO No. 423/Del/2015 Asstt. Year 2008-09 At the time of hearing Ld. Counsel submitted that Cross Objection filed by the assessee becomes infructuous and is dismissed as such.