DCIT, NEW DELHI vs. M/S. G K DAIRY & MILK PRODUCTS PVT. LTD., NEW DELHI

PDF · subscribers
ITA 3893/DEL/2015Status: DisposedITAT Delhi06 September 2018AY 2010-112 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 the CBDT circular, which sets a monetary limit of Rs. 20,00,000 for filing appeals, has statutory force. Since the tax effect was below this limit and no exclusion applied, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the appeal was not maintainable due to a CBDT circular revising the monetary limit for appeals. The tax effect in the appeal was less than Rs. 20,00,000.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the revised monetary limit prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Before: Shri Bhavnesh Saini & Shri L.P. Sahu

Hearing: 06.09.2018Pronounced: 06.09.2018

ORDER Per L.P. Sahu, A.M.: This appeal at the instance of Revenue arises out of the order passed by the CIT(A) in relation to the captioned assessment year.

2.

During the course of hearing, the ld. DR, although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.20,00,000/-. The learned counsel, appearing for the assessee, on the other hand, contended that the present appeal of the Revenue is not maintainable in view of recent Circular of CBDT No. 3/2018 dated 11th July, 2018, whereby the monetary limit of tax effect for not filing appeals before the Tribunal has been revised to Rs.20,00,000/-.

3.

Having considered the rival submissions and the material available on record, including the above Circular, we find that the above circular of CBDT on pecuniary limit has been issued in supersession of earlier CBDT Circular No. 21 of 2015 dated 10.12.2015, revising the monetary limit of tax effect from Rs.10,00,000/- to Rs.20,00,000/-.These Instructions of CBDT have now statutory force within the provisions of section 268A of the IT Act and are made applicable to the pending appeals also by virtue of para 13 of the Circular. This Circular contains clear instructions to the Department to withdraw or not to press such appeals filed before the ITAT wherein tax effect involved does not exceed

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →