ITO, NEW DELHI vs. M/S. ISHAN PIPES MFG.CO. (P) LTD, NEW DELHI

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ITA 3481/DEL/2009Status: DisposedITAT Delhi30 July 2018AY 2004-054 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 as per CBDT Circular No. 03 of 2018, appeals with a tax effect below Rs. 20,00,000/- should not be filed or pressed. Therefore, the Revenue's appeal was dismissed without going into merits.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The appeal was filed for assessment year 2004-05. The tax effect involved in the appeal was less than Rs. 20,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT circular on monetary limits for filing appeals.

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 BENCHES: ‘C’: NEW DELHI

Before: SHRI R.S. SYAL & SHRI JOGINDER SINGH

For Respondent: Shri S. Krishnan, Advocate, Shri Arun Kumar Yadav, Sr. DR
Hearing: 30.07.2018Pronounced: 30.07.2018

Heard together (2 matters)

CO No.249/Del/2010
ITA No.3481/Del/2009

Read from the judgment's own cause title. This page is filed under one of them.

CO No.249/Del/2010 ORDER PER BENCH : The present appeal by the Revenue and the Cross Objection filed by the assessee are directed against the order of learned CIT(A), dated 12.05.2009 in relation to the assessment year 2004-05.

2.

During the course of hearing, the ld. AR submitted that pursuant to the mandate of section 268A 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. He further submitted that as the tax effect involved in the instant appeal is less than Rs.20,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.20,00,000/-.

3.

We have heard the parties and perused the relevant material on record. Going by the prescription of the aforenoted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a CO No.249/Del/2010 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/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal.

Accordingly, we dismiss the instant appeal without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is found to be more than the prescribed limit of Rs.20,00,000/- or otherwise. Accordingly, the appeal of the Revenue stands dismissed.

4.

Since the appeal of the Revenue has been dismissed the Cross Objection of the assessee becomes infructuous and the same is dismissed as such.

CO No.249/Del/2010 5. In the result, both the appeal as well as the Cross Objection are dismissed.

The order pronounced in the open court on 30.07.2018.

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