ITO, WARD-35(2), NEW DELHI vs. UNIQUE HRV RESIDENCY, DELHI

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ITA 3949/DEL/2018Status: DisposedITAT Delhi16 October 2018AY 2013-143 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 mandates that appeals with a tax effect below Rs. 20 lakhs should not be filed or pressed. The Senior DR did not press the appeal in light of this circular.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made under Section 68 of the Income Tax Act. The tax effect of the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the departmental appeal is maintainable given the low tax effect and CBDT circular instructions.

Which sections of the Income-tax Act were involved?

Section 68,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI

Before: SHRI BHAVNESH SAINI

Hearing: 16.10.2018Pronounced: 16.10.2018

For Revenue : Dr. Anjula Jain, Sr. D.R. For Assessee : -None- Date of Hearing : 16.10.2018 Date of Pronouncement : 16.10.2018 ORDER PER BHAVNESH SAINI, J.M.

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-12, New Delhi, Dated 19.01.2018, for the A.Y. 2013-2014, challenging the deletion of addition of Rs.33,71,387/- under section 68 of the I.T. Act, 1961.

2 ITA.No.3949/Del./2018 Unique HRV Residency, Ghaziabad, Uttar Pradesh.

2.

I have heard the Learned D.R. 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 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 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. Pending appeals below the specified tax effect may be withdrawn/not pressed. Learned Sr. D.R. in view of the above Board Circular did not press the Departmental Appeal. I may also note that the Appeal of the Department above would not fall within the exceptions provided in the Board Circular. In the result, the Departmental Appeal is not maintainable as have been filed against the instruction of the Board. The Departmental Appeal is dismissed as withdrawn/not pressed by the Learned Sr. D.R.

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