ITO, WARD- 35(3), NEW DELHI vs. GOPAL HARI SHARMA, NEW DELHI

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ITA 2560/DEL/2018Status: DisposedITAT Delhi01 August 2018AY 2010-112 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 in view of the CBDT Circular No. 03/2018, which raised the monetary limits for filing appeals, the appeal filed by the Revenue was not maintainable. Pending appeals with a monetary limit of Rs. 20 lakhs were to be treated as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2010-11. The assessee's counsel pointed out that the tax effect was below Rs. 20 lakhs.

What were the issues?

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

Which sections of the Income-tax Act were involved?

CBDT Circular No.03/2018

AI-generated summary — verify with the full judgment below

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

Before: SHRI R. K. PANDA

For Appellant: Shri Yashu Goel, FCA
For Respondent: Shri Atiq Ahmed, Sr.DR, Shri Yashu Goel, FCA

Department by : Shri Atiq Ahmed, Sr.DR Assessee by : Shri Yashu Goel, FCA Date of hearing : 01-08-2018 Date of pronouncement : 01-08-2018 O R D E R

PER R. K. PANDA, AM :

1.

This appeal filed by the Revenue is directed against the order dated 15.01.2018 of CIT(A)- XXV, New Delhi relating to assessment year 2010-11.

2.

The ld. counsel for the assessee at the outset submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lakhs. Therefore, in view of the CBDT Circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018 raising the monetary limits for filing of appeals by the Department before the ITAT, the appeal filed by the Revenue is not maintainable. It has also been clarified in the said Circular that pending appeals of the Department before the ITAT having monetary limits of Rs.20 lakhs will be treated as withdrawn as per para 3 of the said Circular. In view of the above, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

3.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court at the time of hearing itself i.e. on 01st August, 2018.

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