What did the Tribunal hold?

The Tribunal noted that a CBDT circular revised the monetary limit for filing appeals to Rs. 20 lakhs and directed withdrawal of appeals with a lower tax effect. The circular was held applicable to pending appeals.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2008-09. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the revised monetary limit prescribed by a CBDT circular should be dismissed.

DCIT vs M/S. Prateek Resorts and Builders… | ITAT Delhi 2018

Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI

Before: SHRI R.S.SYAL & SMT. BEENA A. PILLAI

Hearing: 16.08.2018

ORDER PER BEENA A PILLAI, JUDICIAL MEMBER

Present appeal has been filed by Revenue against order dated 20.02.2015 of Ld.CIT(A), Meerut pertaining to A.Y. 2008-09. 2. None were present on behalf of assessee. 3. Heard Ld.Sr.D.R. 4. In pursuance to CBDT Circular No.3/2018 [(F.No.279/Misc.142/2007-ITJ(PT)] dated 11.07.2018, revising the monetary limit to Rs.20 lakhs for filing appeals before the Tribunal, it is observed that admittedly the tax effect in the present appeal is less than Rs.20 lakhs.

ITA 2929/Del/2015 A.Y:2008-09 DCIT vs. Prateek Resorts and Builders P Ltd. Going by the prescription of the afore noted Circular, it is palpable that the CBDT Instruction is applicable to the pending appeals also with retrospective effect, and there is a clear-cut direction to the Department to withdraw or not to press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-.

DCIT, NOIDA vs. M/S. PRATEEK RESORTS AND BUILDERS PVT. LTD., DEHRADUN

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments