ITO, WARD-2(3), NOIDA vs. NIRMAL SAHIJWANI, NEW DELHI

ITA 3467/DEL/2018Status: DisposedITAT Delhi01 October 2018AY 2009-102 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 appeal filed by the Revenue was not maintainable due to the low tax effect. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect of the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the prescribed monetary limit for tax effect.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC” NEW DELHI

Before: SHRI AMIT SHUKLA

For Appellant: Shri Surender Pal, Sr.D.R

For Respondent: Shri Pradeep Jha, CA

The aforesaid appeal has been filed by the Revenue against the impugned order dated 29.09.2017 passed by Commissioner of Income Tax (Appeals)-I, NOIDA.

Admittedly, the total income assessed by the Assessing Officer is Rs.13,50,000/- on which tax effect is much below the new prescribed monetary limit for filing of appeal by the Department before the ITAT of Rs.20 lac vide CBDT Circular No. 03/2008 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018. Accordingly, the appeal of the Revenue is dismissed as non maintainable because of low tax effect.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on 1st October, 2018.

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