DCIT, NEW DELHI vs. M/S. MANSAROVER BUILDERS PVT. LTD., NEW DELHI

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ITA 934/DEL/2015Status: DisposedITAT Delhi11 September 2018AY 2011-122 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 considered the submissions of both parties. The Departmental Representative agreed that the appeal was in violation of the CBDT circular due to the low tax effect.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee argued that the appeal was filed in violation of CBDT Circular No. 3/2018 as the tax effect was below Rs. 20,00,000/-.

What were the issues?

Whether the departmental appeal should be dismissed for being filed in violation of CBDT Circular No. 3/2018 due to insufficient tax effect.

AI-generated summary — verify with the full judgment below

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

Before: SMT. DIVA SINGH & SH. O.P. KANT

For Respondent: DR Assessee by Sh. K.J.S. Mehta, FCA
Hearing: 21.08.2018Pronounced: 11.09.2018

ORDER PER DIVA SINGH, J.M.: The present appeal has been filed by the Revenue assailing the correctness of the order dated 30th October, 2014 of Commissioner of Income Tax (Appeals)-IX, New Delhi pertaining to assessment year 2011-12. 2. Learned Authorized Representative, inviting attention to the grounds raised in the present appeal, submitted that the tax effect involved in the present appeal is much below Rs.20,00,000/-. Accordingly, it was his submission that the departmental appeal may be dismissed as having been filed in violation of the CBDT Circular No. 3/2018, dated 11th July, 2018.

3. Learned Sr. DR was given time to go through the claim of the assessee and the appeal was passed over. In the second round of proceedings, the learned Departmental Representative, considering the material available on record and the relief granted by the CIT(A) agreed that in terms of para 10 of the aforesaid CBDT Circular the appeal filed is in violation thereof as the tax effect involved in the appeal is much below Rs.20 lakhs. 4. We have heard the submission and considered the record. In the light of the submissions of the parties before the Bench, the departmental appeal is dismissed as not pressed. The decision is pronounced in the open court on 11th September, 2018.

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