ITO, NEW DELHI vs. SH. NARESH KUMAR KHER, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that in light of CBDT Circular No. 3/2018 and Section 268A of the Income Tax Act, the appeal by the Revenue should not have been pressed. Consequently, the appeal was dismissed in limine.
What were the facts?
The Revenue filed an appeal against the order of the CIT(Appeals) for the assessment year 2009-10. The tax effect in the appeal was below the monetary limit prescribed by CBDT Circular No. 3/2018.
What were the issues?
Whether the Revenue's appeal, with a tax effect below the prescribed monetary limit, should be entertained and pressed before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘E’ NEW DELHI
Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI SUDHANSHU SRIVASTAVA
PER G.D. AGRAWAL, PRESIDENT The appeal filed by the Revenue is directed against the order passed by the Ld. CIT(Appeals)-XXIII, New Delhi dated 17.01.2014 for A.Y. 2009-10. Admittedly, the tax effect is below the monetary limit of Rs. 20 lakhs.
In terms of CBDT Circular No. 3/2018 dated 11th July, 2018 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue. In view of the said Circular, the appeal by the Revenue is dismissed in limine.
In the result, the appeal of the revenue stands dismissed.
Order pronounced in the open court on 23rd August, 2018.
More judgments on Section 268A
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- Income Tax Officer Ward -1(2)(3), Ahmedabad vs Khushal Madhavlal Darji, AhmedabadITA 82/AHD/2026[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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