DCIT, NEW DELHI vs. M/S. OPERA GLOBAL PVT. LTD., DELHI

PDF · subscribers
ITA 2220/DEL/2015Status: DisposedITAT Delhi30 July 2018AY 2011-122 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 the CBDT circular, which revised the monetary limit for filing appeals to Rs. 20,00,000/-, is applicable retrospectively to pending appeals. Therefore, the Revenue should not have filed or should have withdrawn the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee was not present, and the Departmental Representative acknowledged that the tax effect involved in the appeal was below the revised monetary limit set by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the revised monetary limits for appeals to the ITAT as per the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’, NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Appellant: Shri R.K. Gupta, Sr.DR
Hearing: 30.07.2018Pronounced: 30.07.2018

Date of hearing 30.07.2018 Date of pronouncement 30.07.2018 ORDER PER O.P. KANT, A.M.: The present appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-7, Delhi, dated 28.01.2015 in relation to assessment year 2010-11.

2.

None present for the assessee. We have heard learned Departmental Representative and perused the relevant material on record. It is noticed that 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. Learned DR could not controvert the fact that tax effect involved in the appeal is less than Rs.20,00,000/-.

3.

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Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal.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 limited of Rs.20,00,000/- or otherwise. Accordingly, the appeal of the Revenue stands dismissed.

6.

In the result, appeal of the Revenue is dismissed.

The decision is pronounced in the open court on 30th July, 2018.

Recent GST High Court judgments

Search GST case law →