DCIT vs M/S. Alcatel Lucent Portugal Sa… | ITAT Delhi 2018

Income Tax Appellate Tribunal, DELHI BENCH “D” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Surender Pal, Sr.D.R

For Respondent: Shri Shagun Mahajan, CA

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the Revenue against the impugned order dated 18.03.2015 passed by Commissioner of Income Tax (Appeals)-XLII, New Delhi for the quantum of assessment passed u/s.147 r.w.s. 144C(1) for the Assessment Year 2002-03 & 2003-04.

Admittedly, the total income assessed by the Assessing Officer is only Rs.20,26,273/- on which tax effect is much below the new prescribed monetary limit for filing of appeal by the Department before the ITAT of Rs.20 lac vide CBDT Circular No. 03/2008 [F.NO.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018. Accordingly, the appeal of the Revenue is dismissed as non maintainable because of low tax effect.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on 28th August, 2018.

DCIT, NEW DELHI vs. M/S. ALCATEL LUCENT PORTUGAL SA, NEW DELHI