ITO, COY WARD-3(2) vs. ANAND FLORI FARMS (I) PVT. LTD.,

PDF · subscribers
ITA 1394/DEL/2001Status: PendingITAT Delhi29 August 2018AY 1996-19973 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 appeals filed by the Revenue. This decision was based on a CBDT Circular that revised the monetary limit for filing appeals before the ITAT to Rs. 20 lakhs.

What were the facts?

The Revenue filed appeals before the ITAT for multiple assessment years concerning the same assessee. These appeals were filed against separate orders passed by the Commissioner of Income Tax (Appeals).

What were the issues?

The primary issue was whether pending appeals filed by the Revenue should be withdrawn or not pressed in light of a revised monetary limit for filing appeals as per a CBDT Circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘SMC-A’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH

For Appellant: Shri Suresh Gupta, CA
Hearing: 29.08.2018Pronounced: 29.08.2018

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

These appeals by the Revenue pertaining to same assessee are preferred against the separate orders of the Commissioner of Income Tax [Appeals] - New Delhi relating to different assessment years.

2.

These appeals by the Revenue have 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 The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

3.

In the light of the aforesaid CBDT Circular, the appeals filed by the Revenue are dismissed.

4.

In the result, the appeals filed by the Revenue are dismissed.

The order is pronounced in the open court on 29.08.2018.

Recent GST High Court judgments

Search GST case law →