ACIT, CIRCLE 45(1), NEW DELHI vs. BIRINDER SINGH CHAHAL, NEW DELHI
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 as per CBDT Circular No. 03 of 2018, appeals with a tax effect below Rs. 20,00,000/- should not be pressed or should be withdrawn. Therefore, the appeals were dismissed on this ground.
What were the facts?
The appeals were filed by the Revenue before the Income Tax Appellate Tribunal (ITAT). The tax effect in each of these appeals was less than Rs. 20,00,000/-.
What were the issues?
Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit should be dismissed in light of CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : “A”: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI O.P. KANT
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.
The learned DR 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/-
We have heard learned Sr. DR and 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
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Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals are admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeals.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.
In the result, all the appeals of the Revenue and a Cross Objection of the assessee stand dismissed. Order Pronounced in the Court on 31/07/2018 [AMIT SHUKLA] [O.P. KANT] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 31st July, 2018. RK/-
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