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

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ITA 5370/DEL/2015Status: DisposedITAT Delhi20 November 2018AY 2008-093 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 CBDT Circular No. 03/2018. The Cross Objection filed by the assessee was also dismissed as infructuous.

What were the facts?

The Revenue appealed against the deletion of an addition of Rs. 15,34,120/- by the CIT(A). Both parties agreed that the tax effect of the disputed amount was below the monetary limit of Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Nippun Mittal CA
For Respondent: Shri Amit Katoch, Sr. DR, Shri Nippun Mittal CA
Hearing: 20/11/2018

Heard together (2 matters)

CO No. 423/Del/2015
ITA No. 5370/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

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.

4.

In the result, the appeal of the Revenue as well as CO of the assessee stand dismissed in-liminie. Order pronounced in the Open Court on 27th November, 2018.

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