Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCHES: “A”: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI O.P. KANT
1221/Del/2015 ACIT, Central Sh. Ved Prakash 2011-12 None Circle, Karnal Bharti, H. No. 1049- 50, Sector- 13-17, HUDA, Panipat (PAN:AAVPB5477D) 3518/Del/2015 ITO, Sh. Ganesh Negi, 2009-10 None Kotdwar, R/o- Thana Mohalla, Aayakar Pauri, Distt. Pauri, Bhawan, Garhwal Patel Marg, (PAN:ADYPN8415F) Kotdwar 3044/Del/2015 DCIT, Circle- M/s. Continental 2008-09 None 6(2), Room Carbon India Ltd., No. 390, C.R. F-40, NDSE, Part-I, Building, I.P. New Delhi Estate, New (PAN:AABCC8129N) Delhi 3960/Del/2015 ACIT, Circle- M/s. Hitachi Ltd., 2010-11 Sh. Tarandeep 2(1)(1), Tokyo Japan Unit, Singh, Adv. International 802A-802B, Tower- Taxation, 2, 8th Floor, Room No. Konnetus Building, 410, E-2 Bhavbhuti Marg, Block, Civic Near Minto Bridge, Centre, New Connaught Place, Delhi New Delhi (PAN:AAACH2953A) Department By : Shri Ravi Kant Gupta, Sr. DR Date of Hearing : 02.08.2018 Date of Pronouncement : 02.08.2018 ORDER PER O.P. KANT, AM: These appeals by the Revenue and a Cross objection by one of the assessees arise out of the orders passed by the CIT(A) in relation to the captioned assessment years.
Some of the assessee-respondents were represented by their respective learned Authorized Representatives, while others remained unrepresented. During the course of hearing, the learned Departmental Representative, although supported the respective orders of the Assessing Officer, but could not controvert the fact that the tax effect involved in each of these appeals are less than Rs.20,00,000/- 3. We have heard learned Sr. Departmental Representative as well as learned Authorized Representatives, appearing in their respective cases and have perused the relevant material on record. It is noticed that recently the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal 4. From the above Circular, it is palpable that the 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 press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals are admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeals. Accordingly, we dismiss the all the appeals filed by the Revenue without going into merits of the case. The Cross Objection filed by one of the assessees, which is in support of the respective impugned order, is also dismissed as infructuous. However, the Department is at liberty to file Miscellaneous Application, if the tax effect is found to be more than the prescribed limited of Rs.20,00,000/- or otherwise.