DCIT, DEHRADUN vs. WEATHERFORD ASIA PACIFIC PTE LTD., NOIDA

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ITA 1241/DEL/2015Status: DisposedITAT Delhi20 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 the miscellaneous application filed by the Revenue was to be allowed. Consequently, the appeal itself was dismissed as it was not maintainable due to the tax effect being below the revised monetary limit specified in the CBDT circular.

What were the facts?

The Revenue filed a miscellaneous application to recall an earlier order that dismissed their appeal. The appeal was dismissed due to a tax effect below the threshold limit set by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the monetary limit prescribed by the latest CBDT circular.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “Friday”: NEW DELHI

Before: SMT BEENA A PILLAI & SHRI PRASHANT MAHARISHI

For Respondent: Ms. Ashima Neb, Sr. DR
Hearing: 10/08/2018Pronounced: 20/08/2018

Heard together (2 matters)

MA No. 215/Del/2016
ITA No.1241/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This miscellaneous application is filed by the Revenue in Assessment Year 2011-12 filed by the Revenue vide consolidated order dated 22.12.2015 dismissing the appeal of the Revenue holding that the tax effect involved in this appeal is Rs. 1169740/-.

2.

The ld Sr. DR, M/s. Ashima Neb reiterated the same facts.

3.

None appeared on behalf of the assessee. Page | 1 DCIT Vs. Weatherford Asia Pacific Pte Ltd, MA No. 215/Del/2016 (In (Assessment Year: 2011-12) 4. We have carefully considered the contention of the ld Sr. DR and found that contention of the Revenue is correct and there is mistake apparent from the record. Accordingly, the miscellaneous application filed by the Revenue succeeds and the order is recalled. It was pointed out by the bench that in view of the latest circular of CBDT No.03/2018 dated 11TH July 2018 the tax demand is less than Rs. 20 lacs, therefore, the appeal in may be disposed off at this stage only.

5.

The ld DR fairly agreed that as the tax demand involved in this appeal is only Rs. 1169740/- the same may also be disposed off in view of the latest Circular No.03/2018 dated 11TH July 2018 enhancing the limitation of tax effect of Rs. 20 lacs.

6.

We have carefully considered the contention of the Revenue. The appeal of the Revenue is below the threshold limit as per the latest circular of CBDT. Therefore, the same circular is applicable to the present case of the Revenue.

7.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- Sl.No. Appeals in Income-tax Monetary Limit(in matters Rs.) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 3. Before Supreme Court 1,00,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

8.

We find that the tax effect involves in the appeal of the Revenue is below Rs.20 lakhs. There is no dispute that the Board’s instructions or Page | 2

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