ITO, WARD- 1(4)(1), RISHIKESH vs. ANCHAL AGRO ENTERPRISES PVT. LTD., DEHRADUN

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ITA 2114/DEL/2018Status: DisposedITAT Delhi27 July 2018AY 2014-153 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 Revenue's appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 3/2018. Consequently, the appeal and the cross-objection were dismissed without going into the merits.

What were the facts?

The Revenue appealed against the deletion of additions made by the Assessing Officer. The assessee filed a cross-objection supporting the deletion. The quantum of the dispute was below the tax effect limit prescribed by CBDT Circular No. 3/2018.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the low tax effect as per CBDT Circular No. 3/2018.

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI K.NARASIMHA CHARY

For Respondent: Ms. Ashima Neb, Sr. DR
Hearing: 27.07.2018Pronounced: 27.07.2018

Heard together (2 matters)

CO No 148/Del/2018
ITA No. 2114/Del/2018

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

ORDER PER BENCH Challenging the order of the learned Commissioner of Income-tax (Appeals)- Dehradun (for short “CIT(A)”) dated 25.01.2018, revenue preferred this appeal against the deletion of additions of Rs 43,14,552/- made by the learned Assessing Officer. Assessee filed the cross objection challenging the additions made by the Ld. Assessing Officer and in support of the order under challenge by the Revenue.

2.

At the outset, it is submitted by the learned AR that the quantum involved in this case being less than Rs.20 lacs, squarely falls within the ambit of Circular No.3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue.

3.

After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No.3/2018 dated 11.07.2018 for preferring appeals before tribunal by the revenue. On perusal of the Circular No.3/2018 dated 11.07.2018 and the materials available on record, Ld. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No.3/2018 dated 11.07.2018. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case.

4.

Since the appeal is dismissed, the cross objection become infructuous and is also dismissed.

5.

In the result, the appeal of the revenue and also the cross objection of the assessee are dismissed.

Order pronounced in the open court on 27th July 2018

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