DCIT, NEW DELHI vs. M/S. JUBILANT OFFSHORE DRILLING PVT. LTD., NOIDA

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ITA 5659/DEL/2014Status: DisposedITAT Delhi25 July 2018AY 2007-082 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 dismissed the appeal filed by the Revenue. This was based on a CBDT Circular that increased the monetary limit for filing appeals to Rs. 20 lacs and treated pending appeals below this limit as withdrawn.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was below Rs. 20 lacs. The assessee did not appear for the hearing.

What were the issues?

Whether pending appeals with a tax effect below the revised monetary limit set by CBDT should be dismissed.

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 Appellant: Shri Amit Jain, Sr.D.R

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)- VIII, New Delhi dated 11.07.2014 pertaining to the assessment year 2007-08. 2. None appeared on behalf of the assessee. However, since the tax effect involved in the appeal filed by the Revenue is below Rs.20 lac, therefore, the appeal was taken up for hearing in the light of the latest Circular of CBDT.

2.

Learned Department Representative, at the outset, submitted that the tax effect involved in the appeal filed by the Revenue is below Rs. 20 lacs, therefore, in view of the CBDT Circular No.03/2008 [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 has been increased to Rs.20 lacs. 4. As per para 3 of the said Circular, it is also clarified that the pending appeals of the Revenue before the ITAT having monetary limit of Rs.20 lac will be treated as withdrawn. Since in the instant case, the tax effect is admittedly below Rs.20 lac, therefore, in view of the latest CBDT Circular (supra) raising the monetary limits for filing of the appeals before the Tribunal which is applicable even to pending appeals, the appeal filed by the Revenue is dismissed. 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 25th July, 2018.

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