DCIT, NEW DELHI vs. M/S. LANDBASE INDIA LTD., NEW DELHI

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ITA 2071/DEL/2014Status: DisposedITAT Delhi01 August 2018AY 2009-102 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 is binding on the Revenue authorities. Since the tax effect in these appeals was below the prescribed limit of Rs. 20 lakhs, the appeals were not maintainable.

What were the facts?

The Revenue filed appeals against the CIT(A) orders for AY 2007-08 and 2009-10. At the hearing, the Revenue pointed out a CBDT circular that mandates not filing appeals if the tax effect is below Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeals are maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Respondent: Shri Amit Jain, Sr. DR
Hearing: 26/07/2018Pronounced: 01/08/2018

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

These are the appeals filed by the revenue against the order of the CIT(A)-VII, New Delhi dated 01.09.2010 for the Assessment Year 2007-08 and ld CIT(A)- VIII, New Delhi dated 28.01.2014 for the Assessment Year 2009-10.

2.

At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.03/2018 dated 11TH July 2018 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.20 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

3.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Sl.No. Appeals in Income-tax matters Monetary Limit(in Rs.) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 Page | 1

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