ACIT, NEW DELHI vs. M/S JKG CONSTRUCTION (P) LTD, NEW DELHI

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ITA 3393/DEL/2015Status: DisposedITAT Delhi20 September 2018AY 2008-094 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 dismissed the Revenue's appeal based on a CBDT Circular that revised the monetary limit for filing appeals. The circular stated that pending appeals below the specified tax limit should be withdrawn or not pressed.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A) for AY 2008-09. The appeal was filed by the Revenue against JKG Construction Ltd.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to the revised monetary limits for appeals as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI N.K. CHOUDHARY

For Appellant: Shri R.K. Sharma, Adv
Hearing: 20.09.2018Pronounced: 20.09.2018

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the CIT(A) - 23, New Delhi dated 23.03.2015 pertaining to A.Y 2008-09.

2.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/ references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

However, it is observed that in case on re-verification at the end 3. of the Assessing Officer it can be demonstrated that the tax effect is more, or Revenue's case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order relatable to such case. Such application should be filed within the time period prescribed in the Act.

4.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

5.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 20.09.2018.

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