ACIT, NEW DELHI vs. M/S SAAMAG CONSTRUCTION LTD., NEW DELHI

PDF · subscribers
ITA 3702/DEL/2013Status: DisposedITAT Delhi31 July 2018AY 2007-082 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 held that in terms of CBDT Circular No. 3/2018 and Section 268A of the Income Tax Act, the appeal should not have been pressed by the Revenue. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(Appeals) for AY 2007-08. The tax effect in the appeal was below the monetary limit prescribed by CBDT Circular No. 3/2018.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit should be entertained.

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 N.K. SAINI & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri S.S. Rana, CIT DR
For Respondent: Shri M.P. Rastogi, Adv
Hearing: 31.07.2018Pronounced: 31.07.2018

PER SUDHANSHU SRIVASTAVA, J.M. The appeal filed by the Revenue is directed against the order passed by the Ld. CIT (Appeals)-XXXII, New Delhi dated 22.03.2013 for A.Y. 2007-08. Admittedly, the tax effect is below the monetary limit of Rs. 20 lakhs.

2.

In terms of CBDT Circular No. 3/2018 dated 11th July, 2018 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue. In view of the said Circular, the appeal by the Revenue is dismissed in limine. Assessment year 2007-08

3.

In the result, the appeal of the revenue stands dismissed.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →