DCIT, NEW DELHI vs. M/S. PARAMOUNT PROPBUILD PVT. LTD., NOIDA
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the departmental appeals were not maintainable as they were filed against CBDT instructions regarding monetary limits for appeals. The Revenue did not press these appeals.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) was hearing multiple departmental appeals and cross-objections. The Revenue's appeals had a tax effect below Rs. 20 lakhs.
What were the issues?
Whether departmental appeals with tax effect below the prescribed monetary limit are maintainable before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “I-1/F” : NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU
Heard together (14 matters)
Read from the judgment's own cause title. This page is filed under one of them.
This Order shall dispose off the above Departmental Appeals filed by the Revenue and the Cross Objections filed by some of the Assessees.
We have heard the Learned D.R. and Learned Counsel for the Assessees whosoever have appeared in their respective cases.
The above matters have been preponed for hearing with the approval of the Hon’ble President. Notice is given to both parties on Notice Board.
Admittedly, the tax effect in the Departmental Appeals are 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 Pending appeals below the specified tax effect may be withdrawn/not pressed.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 Sr. D.R. in view of the above Board Circular did not press the Departmental Appeals. Learned Counsel for the Assessees in their respective Cross Objections did not press the Cross Objections as the same have become infructuous. In C.O.No.09/Del./2018 none appeared on behalf of the Assessee. We find that this cross objection is also filed in support of the Order of the Learned CIT(A) only. No independent relief have been sought in this cross objection. Therefore, on dismissal of the Departmental Appeal, the same has also become infructuous and as such dismissed. We may also note that the Appeals of the Department above would not fall within the exceptions provided in the Board Circular. In the result, all the Departmental Appeals are not maintainable as have been filed against the instruction of the Board. All Departmental Appeals are dismissed as withdrawn/not pressed by the Learned Sr. D.R. The Cross Objections are also dismissed as noted above.
Copy of the Order be placed in each file.
Order pronounced in the open court on 02/8/2018
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- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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