ACIT, CIRCLE- 19(1), NEW DELHI vs. ORANGE ASSOCIATES PVT. LTD., NEW DELHI

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ITA 6651/DEL/2017Status: DisposedITAT Delhi10 September 2018AY 2014-1510 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 as per CBDT Circular No. 03 of 2018, appeals with a tax effect below Rs. 20,00,000 are not maintainable. Consequently, the appeals were dismissed without going into their merits.

What were the facts?

The Revenue filed several appeals before the Income Tax Appellate Tribunal (ITAT) for various assessment years. The appeals involved a tax effect less than Rs. 20,00,000.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit are maintainable before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : I-1: FRIDAY : NEW DELHI

Before: SHRI R.S. SYAL & SHRI K. NARASIMHA CHARY

For Appellant: Ms Sudha Gupta & Ms Meenu Mittal, CAs, Shri Gautam Jain, Advocate &, Shri Lalit Mohan, CA, Ms Tejaswini Jain, Advocate, Shri Pradeep Jha, CA, Shri Ved Jain, Shri Kislaya Prashar, Advocates, Shri V. Raja Kumar, Advocate, Ms Sugandha Anand, Advocate, Shri Ved Jain & Shri Kislaya Prashar
For Respondent: Ms Princy Singla, Sr. DR
Hearing: 07.09.2018Pronounced: 10.09.2018

ORDER R.S. SYAL, VP: The present appeals filed by the Revenue in respect of different assessees are directed against the orders passed by the CIT(A) in relation to the different assessment years.

2.

The ld. DR appeared on behalf of the Revenue. In some of the cases, the assessees put in appearance through their Attorneys, while in others, the assessees remained unrepresented. , 5426,5789, 6025, 6043 & 5886/Del/2016, 4687,2569, 2528,2509, 2508,2245,1994,1887,1858, 1837,1782,1662, 1194,275,14,5, 6584,6604 to 6606, 6608 to 6610,6651,6685,6689,6715,7011,7083,7084,7130,7143,7161/Del/2017 3. We have heard the parties. It is found that pursuant to the mandate of section 268A, 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. It is further found that as the tax effect involved in the instant appeals is less than Rs.20,00,000/-, the extant appeals are not maintainable. The ld. D.R., although supported the orders of the Assessing Officer, but could not controvert the fact that tax effect involved in these appeals is less than Rs.20,00,000/-.

4.

Going by the prescription of the aforenoted 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 appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these , 5426,5789, 6025, 6043 & 5886/Del/2016, 4687,2569, 2528,2509, 2508,2245,1994,1887,1858, 1837,1782,1662, 1194,275,14,5, 6584,6604 to 6606, 6608 to 6610,6651,6685,6689,6715,7011,7083,7084,7130,7143,7161/Del/2017 appeals is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeals without going into merits of the cases.

5.

The ld. DR has brought to our notice a letter dated 20.08.2018 of the Director (ITJ), CBDT, New Delhi addressed to All the Principal CCITs in which para no. 10 of the earlier Circular dated 11.7.2018, enumerating certain instances in which the appeals should be contested notwithstanding the low tax effect, has been revised. She, however, could not place any material on record to demonstrate that any of the above appeals is covered by the amended para of the Circular. Under these circumstances, we dismiss all the appeals filed by the Revenue and give liberty to the Department to file Miscellaneous Applications, if it is found that either the tax effect is more than the prescribed limit of Rs.20,00,000/- or the appeals gets covered in the revised para 10 of the letter dated 20.08.2018. Accordingly, the appeals of the Revenue stand dismissed. , 5426,5789, 6025, 6043 & 5886/Del/2016, 4687,2569, 2528,2509, 2508,2245,1994,1887,1858, 1837,1782,1662, 1194,275,14,5, 6584,6604 to 6606, 6608 to 6610,6651,6685,6689,6715,7011,7083,7084,7130,7143,7161/Del/2017 7. In the result, all the appeals of the Revenue stand dismissed.

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