ADIT, NEW DELHI vs. M/S. HNS INDIA VSAT INC., NEW DELHI

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ITA 3998/DEL/2013Status: DisposedITAT Delhi15 October 2018AY 2002-033 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 tax effect was below the revised monetary limit prescribed by the CBDT circular. Consequently, the Tribunal dismissed the appeal without going into the merits of the case.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2002-03. The tax effect involved in the appeal was less than Rs. 20,00,000/-. The CBDT had issued a circular revising the monetary limit for filing appeals to Rs. 20,00,000/- with retrospective effect.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the revised monetary limit for filing appeals as per CBDT Circular No. 03 of 2018.

AI-generated summary — verify with the full judgment below

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

Before: SH. H.S. SIDHU & SH. L.P. SAHU

Department by Smt. Rinku Singh, Sr. DR. Assessee by Sh. Salil Kapoor, Adv. ORDER PER H.S. SIDHU, J.M.:

This appeal by the Revenue against the impugned order passed by the Ld. CIT(A)-XXXIC, New Delhi in relation to assessment year 2002-03.

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.

We 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Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal before the Tribunal.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 are dismissed. The decision is pronounced on 15th October, 2018.

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