ITO, NEW DELHI vs. M/S. ANS FARMS PVT. LTD., NEW DELHI

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ITA 5825/DEL/2015Status: DisposedITAT Delhi19 July 2018AY 2011-123 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 Revenue's appeal based on a CBDT circular that revised the monetary limit for filing appeals. The cross-objection was not adjudicated separately as it supported the CIT(A)'s order.

What were the facts?

The Revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2011-12. The Revenue's appeal was filed before the ITAT.

What were the issues?

Whether the Revenue's appeal should be dismissed due to revised monetary limits for filing appeals as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH

Hearing: 19.07.2018Pronounced: 19.07.2018

Heard together (2 matters)

CO No. 11/DEL/2016
ITA No. 5285/DEL/2015

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

PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue and cross objection by the assessee are directed against the order dated 03.08.2015 of Commissioner of Income Tax [Appeals] - 1, New Delhi pertaining to assessment year 2011-12.

2.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

1.

This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.

3.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

4. The cross objection is in support of the order of the CIT(A) and hence needs no separate adjudication.

4.

In the result, the appeal of the Revenue as well as the cross objection of the assessee are dismissed.

The order is pronounced in the open court on 19.07.2018.

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