ITO, NEW DELHI vs. SH. AJAY KUMAR AGGARWAL, DELHI

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ITA 3571/DEL/2015Status: DisposedITAT Delhi31 October 2018AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The ITAT held that the appeal was not maintainable in view of the CBDT circular. The appeal was dismissed as withdrawn/not pressed by the Revenue.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 20 lakhs. The Revenue's Senior DR did not press the appeal due to a CBDT circular.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect and the CBDT circular on monetary limits for appeals.

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 “A”: DELHI

Before: SHRI S. K YADAV & SHRI ANADEE NATH MISSHRA

Hearing: 31.10.2018Pronounced: 31.10.2018

This appeal by the Revenue has been directed against the order of Ld. CIT(A)- 13, New Delhi, dated 17.03.2015 for Assessment Year 2011-12.

2.

Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs. Vide Circular No. 3 of 2018 dated 11.07.2018 issued by Central Board of Direct Taxes (CBDT) under section 268A of the I.T. Act, it has been directed that Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the 2 monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. It is also directed in this Circular, that pending appeals below the specified tax effect may be withdrawn/not pressed. Learned Sr. DR, who appeared on behalf of Revenue, did not press the appeal in view of the aforesaid Circular of CBDT. We may also note that this appeal of Revenue would not fall within the exceptions provided in the aforesaid Circular. In the result, the Departmental Appeal is not maintainable, in view of aforesaid CBDT Circular. The Appeal of Revenue is dismissed as withdrawn/not pressed by the Learned Sr. DR. We clarify that Revenue will be at liberty to file a miscellaneous application seeking recall of this order for restoration of the appeal, if it is found that the appeal of Revenue is not covered by aforesaid CBDT Circular.

3.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open Court on 31.10.2018.

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