ACIT, NEW DELHI vs. SH. SANJAY MALHOTRA, NEW DELHI

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ITA 5183/DEL/2014Status: DisposedITAT Delhi31 July 2018AY 2011-123 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, in light of CBDT Circular No. 3/2018 and Section 268A of the Income Tax Act, held that the appeal should have been withdrawn or not pressed by the Revenue.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 the assessment year 2011-12. The tax effect in the appeal was below the monetary limit of Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal, with a tax effect below the prescribed monetary limit, should be entertained in view of CBDT circulars and statutory provisions.

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
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)-XXV New Delhi dated 23.06.2014 for A.Y. 2011-12.

2.

None appeared on behalf of the assessee on the date of hearing. Admittedly, the tax effect in the appeal is below the monetary limit of Rs. 20 lakhs.

1.

2.1 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dated 11th July, 2018 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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.

3.

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

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