ITO, ROHTAK vs. SH. SAJJAN SINGH, HARYANA

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ITA 1604/DEL/2015Status: DisposedITAT Delhi20 August 2018AY 2010-114 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 a CBDT circular directing that appeals with a tax effect below Rs. 20 lakhs should not be filed or pressed. The CIT(DR) did not press the appeal in light of this circular.

What were the facts?

The Revenue filed an appeal against the deletion of an addition of Rs. 54,68,000/- by the CIT(A). 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 on monetary limits for appeals.

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: ‘G’, NEW DELHI

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

Hearing: 20.08.2018

This appeal by the Revenue has been directed against the order of Ld. CIT(A)- Rohtak, dated 05.01.2015 for Assessment Year 2010-11, challenging the deletion of addition of Rs. 54,68,000/- on account of cash deposit etc.

2.

We have heard the Ld. Representatives of both the parties.

3.

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 Pending appeals below the specified tax effect may be withdrawn/not pressed.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 The Departmental Appeal is dismissed as withdrawn/not pressed by the Learned CIT (DR).

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 20/8/2018

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