JCIT, GHAZIABAD vs. M/S. SHAIKSHNIK KRISHAK SAMAJ, GHAZIABAD

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ITA 531/DEL/2012Status: DisposedITAT Delhi29 August 2018AY 2008-094 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 noted that as per CBDT Circular No. 3 of 2018, the Department should not file appeals where the tax effect does not exceed Rs. 20 lakhs. The CIT(DR) did not press the appeal in light of this circular.

What were the facts?

The Revenue appealed against the deletion of an addition made under Section 68 of the Income Tax Act. The tax effect in the Departmental Appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Departmental appeal is maintainable given the low tax effect and the CBDT circular. The applicability of the CBDT circular to pending appeals.

Which sections of the Income-tax Act were involved?

Section 68,Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU

For Appellant: CA &, Ms. Smita Goel, CA
For Respondent: CA &, Ms. Smita Goel, CA
Hearing: 29.08.2018

This appeal by the Revenue has been directed against the order of Ld. CIT(A) Ghaziabad, dated 24.11.2011 for Assessment Year 2008-09, challenging the deletion of addition of Rs. 42,41,270/- U/s 68 of the Income Tax Act, 1961.

2.

Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs.

Vide Circular No. 3 of 2018 dated 11.07.2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax effect may be withdrawn/not pressed. Learned CIT (DR) in view of the above Board Circular did not press the Departmental Appeal. We may also note that the Appeal of the Department above would not fall within the exceptions provided in the Board Circular. In the result, the Departmental Appeal is not maintainable as have been filed against the instruction of the Board. The Departmental Appeal is dismissed as withdrawn/not pressed by the Learned CIT(DR).

3.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 29/8/2018

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