What did the Tribunal hold?

The Tribunal noted that the tax effect in both appeals was indeed below the monetary limit specified by the CBDT circular. Therefore, the appeals filed by the Revenue were dismissed.

The Revenue filed two appeals before the ITAT against the orders of the CIT(A). The assessee's counsel pointed out that the tax effect in each appeal was below Rs. 20 lakhs.

What were the issues?

The primary issue was whether the appeals filed by the Revenue were maintainable given the tax effect was below the threshold stipulated by the CBDT circular.

DCIT vs M/S. Modland Wears Pvt. Ltd., New… | ITAT Delhi 2018

Income Tax Appellate Tribunal, DELHI BENCH “B”, NEW DELHI

Before: SHRI R. K. PANDA & SMT. BEENA A. PILLAI

For Appellant: Shri Anunav Kumar, Adv

For Respondent: Shri Vijay Kr. Jiwani, Sr.DR, Shri Anunav Kumar, Adv

Department by : Shri Vijay Kr. Jiwani, Sr.DR Assessee by : Shri Anunav Kumar, Adv. Date of hearing : 31-07-2018 Date of pronouncement : 31-07-2018 O R D E R PER BENCH : The above two appeals filed by the Revenue are directed against the separate orders dated 26.03.2015 and 30.03.2015 of the CIT(A)- 6, Delhi relating to assessment years 2010-11 and 2011-12 respectively. Since identical grounds have been taken by the Revenue in both the appeals, therefore, these were heard together and are being disposed of by this common order for the sake of convenience.

The ld. counsel for the assessee at the outset submitted that the tax effect involved in the grounds raised by the Revenue in each appeal is below Rs.20 lakhs. Therefore, in view of the latest CBDT Circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018, the appeals filed by the Revenue are not maintainable.

The ld. DR on the other hand fairly conceded that the tax effect involved in the grounds raised by the Revenue in each appeal is admittedly below Rs.20 lakhs.

We have heard the rival submissions made by both the sides. It is an admitted fact that the tax effect involved in the grounds raised by the Revenue in both the appeals is less than Rs.20 lakhs. Therefore, in view of the latest CBDT Circular cited (supra) raising the monetary limits for filing of the appeals before the Tribunal which is applicable even to pending appeals, the appeals filed by the Revenue are dismissed.

In the result, both the appeals filed by the Revenue are dismissed.

Order pronounced in the open Court at the time of hearing itself i.e. on this 31st July, 2018.

DCIT, NEW DELHI vs. M/S. MODLAND WEARS PVT. LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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