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Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI K.NARASIMHA CHARY
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.
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.
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.
Since the appeal is dismissed, the cross objection become infructuous and is also dismissed.
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