ITO, NEW DELHI vs. M/S. INNOVATIVE STEELS PVT. LTD., NEW DELHI

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ITA 4372/DEL/2011Status: DisposedITAT Delhi19 July 2018AY 2005-064 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 noted that the tax effect in all three appeals was below Rs. 20,00,000/-. Following the CBDT circular No. 03/2018, which revised the monetary limit for appeals and stated that pending appeals below this limit would be treated as withdrawn, the Tribunal dismissed the revenue's appeals.

What were the facts?

The revenue filed three appeals before the ITAT for assessment years 2002-03, 2005-06, and 2006-07. The assessee contended that the tax effect in all appeals was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether pending appeals filed by the revenue before the ITAT should be dismissed if the tax effect is below the revised monetary limit specified by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: SH. R. K. PANDA & MS. SUCHITRA KAMBLE

Hearing: 19/07/2018Pronounced: 19/07/2018

BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER 4372 & 4448/Del/2011 Assessment Years: 2002-03, 2005-06 & 2006-07 ITO M/s. Innovative Steels Pvt. Ward-11(4) Vs Ltd., N-127, Room No. 324, Greater Kailash-I New Delhi New Delhi PAN AAACI9255J (APPELLANT) (RESPONDENT) Appellant by Sh. Arun Kumar Yadav, Sr. DR Respondent by Sh. Shailesh Gupta, CA Date of hearing: 19/07/2018 Date of Pronouncement: 19/07/2018 ORDER PER BENCH

ITA No. 5750/Del /2011 filed by the revenue is directed against the order dated 14.10.2011 of the CIT (Appeals)-XIII, New Delhi relating to A. Y. 2002-03. and 4448/Del/2011 filed by the revenue are directed against the separate orders dated 12.08.2011 of the CIT (Appeals)-VIII, New Delhi relating to A. Y. 2005- 06 and 2006-07 respectively. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.

2.

The Ld. Counsel for the assessee at the outset submitted that the tax effect in all the three appeals filed by the revenue are below Rs.20,00,000/-. Therefore, in view of the latest CBDT circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated 11.07.2018 revising the monetary limit to Rs.20,00,000/- for filing the appeals by the department before ITAT which are applicable to pending appeals also, the appeals filed by the revenue should be dismissed.

3.

The Ld. DR on the other hand fairly conceded that the tax effect on the appeals filed by the revenue in each appeal is below Rs.20,00,000/-.

4.

The CBDT vide circular No.03/2018 dated 11.07.2018 has revised the monetary limit for filing the appeals by the department before the ITAT. As per para 3 of the said circular it is also clarified that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn. Since in the instant case the tax effect in all the three appeals filed by the revenue is admittedly below to Rs. 20,00,000/-, therefore, in view of the latest CBDT circular cited (supra) all the three appeals filed by the revenue are dismissed.

5.

In the result, the appeals filed by the revenue are dismissed.

Order pronounced in the open court on 19.07.2018.

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