ITO, WARD-20(1), NEW DELHI vs. MOHIT GUPTA, NEW DELHI

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ITA 1376/DEL/2018Status: DisposedITAT Delhi07 September 2018AY 2011-1212 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 the tax effect in the appeals was below the revised monetary limit prescribed by the CBDT circular, the appeals were not maintainable. Consequently, the appeals were dismissed without going into the merits of the cases.

What were the facts?

The Revenue filed multiple appeals before the ITAT. The CBDT issued a circular revising the monetary limit for not filing appeals to Rs. 20,00,000. The tax effect in these appeals was found to be less than this revised limit.

What were the issues?

Whether appeals filed by the Revenue are maintainable when the tax effect is below the revised monetary limit specified by CBDT circulars.

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: Mr. Mohit Wadhwa, Mr. Mohan Lal Rathi, ms Circle-12(2), Mr. Mohit Gupta, mr. Of Income-tax, vs, mr. Of Income-tax, vs, mr. Of Income-tax, vs, Shri Ruchesh Sinha , Ms Aabgina Chishti, Ms Jyoti Sharma, mr. Of Income-tax, vs, Ms Suganandha Anand, mr. Of Income-tax, vs, Ms Mithalesh Kumari
For Respondent: Ms Princy Singla, Sr. DR
Hearing: 07.09.2018Pronounced: 07.09.2018

Heard together (18 matters)

C.O. No.104/Del/2018
ITA No.1751/Del/2018
CO No.101 /Del/2018
ITA No.1833/Del/2018
C.O. No.102/Del/2018
ITA No.1835/Del/2018
I.T.A. No.1836/Del/2018
CO No.103/Del/2018
I.T.A. No.2820/Del/2018
I.T.A. No.2876/Del/2018
I.T.A. No.3696/Del/2018
I.T.A. No.4228/Del/2018
I.T.A. No.4235/Del/2018
I.T.A. No.4271/Del/2018
I.T.A. No.4328/Del/2018
I.T.A. No.4381/Del/2018
I.T.A. No.4585/Del/2018
I.T.A. No.4601/Del/2018

Read from the judgment's own cause title. This page is filed under one of them.

9 Date of hearing: 07.09.2018 Date of Pronouncement: 07.09.2018 ORDER PER BENCH The present appeals filed by the Revenue in respect of different assessees are directed against the orders passed by the CIT(A) and Cross Objection filed by some of the 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.

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 10 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 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 11 notwithstanding the low tax effect, has been revised. He, 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.

6.

Now we turn to the Cross Objections filed by some of the assesses. Since the appeals of the Revenue from which such Cross Objections have arisen, have been dismissed hereinabove, these C.Os have become infructuous and stand dismissed.

7.

In the result, all the appeals of the Revenue as well as the Cross Objections of the assessees stand dismissed.

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