ITO, WARD- 1(5), NOIDA vs. JAGAT SINGH, GAUTAM BUDH NAGAR

PDF · subscribers
ITA 3508/DEL/2018Status: DisposedITAT Delhi31 October 2018AY 2009-103 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that the CBDT circular mandated that appeals with a tax effect below Rs. 20,00,000/- should not be filed or should be withdrawn. As the tax effect in this case was below the limit, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT, but the tax effect involved was less than Rs. 20,00,000/-. The CBDT had issued a circular revising the monetary limit for filing appeals to the Tribunal.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT's revised monetary limit for filing appeals to the ITAT, considering the tax effect involved.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’, NEW DELHI

Before: SH. H.S. SIDHU

Department by Sh. B.S. Anant, Sr. Dr. Assessee by Sh. Piyush Kumar Kamal (Proxy.) ORDER PER H.S. SIDHU, J.M.:

This appeal by the Revenue against the impugned order passed by the Ld. CIT(A)-I, Noida in relation to assessment year 2009-10.

2.

The learned DR supported the order of the Assessing Officer, but could not controvert the fact that the tax effect involved in this appeal is less than Rs.20,00,000/-.

3.

I have heard both the parties and perused the relevant material on record. It is noticed that recently the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal.

4.

From the afore-noted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeal filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal before the Tribunal. Accordingly, we dismiss the instant appeal filed by the Revenue without going into merits of the case. However, the Department is at liberty to file Miscellaneous Application, if the tax effect is found to be more than the prescribed limited of Rs.20,00,000/- or otherwise. Accordingly, the appeal of the Revenue stands dismissed. 5. In the result, the appeal of the Revenue stands dismissed. The decision is pronounced on 31st October, 2018.

Recent GST High Court judgments

Search GST case law →