ITO, CHANDAUSI vs. SMT. ANJU AGARWAL, CHANDAUSI

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ITA 6194/DEL/2014Status: DisposedITAT Delhi23 August 2018AY 2011-123 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 in terms of CBDT Circular No. 3/2018 and Section 268A of the Income Tax Act, the appeal by the Revenue should not have been pressed. Therefore, 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 2011-12. The tax effect in this appeal was below the monetary limit prescribed by CBDT Circular No. 3/2018.

What were the issues?

Whether an appeal filed by the Revenue, where the tax effect is below the prescribed monetary limit, should be dismissed in limine based on CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

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

For Appellant: Shri Vijay Kumar Jiwani, Sr. DR
For Respondent: Shri V.K. Sabharwal, Adv, Shri R.B. Gupta, Adv
Hearing: 17.08.2018Pronounced: 23.08.2018

PER G.D. AGRAWAL, PRESIDENT The appeal filed by the Revenue is directed against the order passed by the Ld. CIT(Appeals), Bareilly dated 1.8.2014 for A.Y. 2011-12. Admittedly, the tax effect in this appeal is below the monetary limit of Rs. 20 lakhs.

2.

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dated 11th July, 2018 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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.

3.

In the result, the appeal of the revenue stands dismissed.

Order pronounced in the open court on 23.08.2018.

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