ITO, NEW DELHI vs. M/S INTEGER LEASING & FINANCE CO. PVT. LTD., DELHI

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ITA 2574/DEL/2017Status: DisposedITAT Delhi10 August 2018AY 2007-083 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 decided that the appeals should be dismissed in light of CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals to Rs. 20 lakhs and applied retrospectively.

What were the facts?

The Revenue filed appeals for multiple assessment years against the assessee. The assessee's counsel submitted a letter stating that the tax effect was below Rs. 20 lakhs.

What were the issues?

Whether pending appeals with a tax effect below the revised monetary limit set by CBDT Circular No. 3/2018 should be dismissed.

AI-generated summary — verify with the full judgment below

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

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

Hearing: 10.08.2018Pronounced: 10.08

ORDER PER BEENA A PILLAI, JUDICIAL MEMBER

Present appeals are filed by Revenue for A.Y. 2010-11, 2007-08 and 2011-12 against order dated 18.01.2017 of Ld.CIT(A)-30, New Delhi pertaining to the same assessee. 2. Though none were present on behalf of assessee, assessee’s Counsel submitted letter dated 30.07.2018 stating that since the tax effect involved A.Y. 2010-11, ITA 2574/Del/2017 A.Y.:2007-08 & ITA 2576/Del/17 A.Y.:2011-12 ITO, Ward 12(3) vs. M/s Integer Leasing & Finance Co.Pvt.Ltd. in all these appeals is less than Rs.20 lakhs, as per CBDT Circular No.3/2018 dt. 11.7.2018, the appeals may be decided accordingly.

3.

Ld.Sr.D.R. though supported the order of Ld.Assessing Officer, could not controvert the above fact in the light of CBDT Circular no.03 of 2018 dt. 11th July,2018 revising the monetary limit to Rs.20 lakhs for not filing appeals before the Tribunal.

4.

Heard Ld.Sr.D.R. and perused relevant material on record. 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/-.

5.

In view of CBDT Circular No.3/2018 [(F.No.279/Misc.142/2007-ITJ(PT)] dated 11.07.2018, we dismiss all the three appeals filed by Revenue.

6.

In the result, appeals filed by Revenue stand dismissed. Order pronounced in the Open Court on 10th August, 2018. Sd/- Sd/- (R.S.SYAL) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER Dated: 10th August, 2018 *manga A.Y. 2010-11, ITA 2574/Del/2017 A.Y.:2007-08 & ITA 2576/Del/17 A.Y.:2011-12 ITO, Ward 12(3) vs. M/s Integer Leasing & Finance Co.Pvt.Ltd.

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