ACIT, NEW DELHI vs. SH. DEEPAK SHARMA, NEW DELHI
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeals as the tax effect was below the revised monetary limit for filing appeals as per CBDT Circular No. 03 of 2018. The assessee's appeal was dismissed as withdrawn.
What were the facts?
The Revenue filed appeals before the ITAT for assessment years 2003-04, 2004-05, and 2005-06. The tax effect in each of these appeals was less than Rs. 20,00,000/-. The assessee also filed an appeal.
What were the issues?
Whether appeals filed by the Revenue before the ITAT should be dismissed if the tax effect is below the prescribed monetary limit as per a subsequent CBDT circular.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’, NEW DELHI
Before: SH. H.S. SIDHU & SH. T.S. KAPOOR
ORDER PER BENCH: These three appeals by the Revenue and a cross appeal by the assessee arise out of the orders passed by the CIT(A) in relation to the captioned assessment years.
The learned CIT(DR) although supported the respective orders of the Assessing Officer, but could not controvert the fact that the tax effect involved in each case of these appeals is less than Rs.20,00,000/- 3. We have heard both the parties and perused the relevant material on record. It is noticed that recently the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal 4. From the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals are admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeals. Accordingly, we dismiss the instant appeals filed by the Revenue without going into merits of the case. However, the Department is at liberty to file Miscellaneous Application, if the tax effect is found to be more than the 2323/Del/2012; 2324/Del/2012 & 1399/Del/2013 prescribed limited of Rs.20,00,000/- or otherwise. Accordingly, all the three appeals of the Revenue stand dismissed.
As regards the appeal filed by the assessee, i.e., Sh. Nippun Mittal, CA, submits that he does not want to press this appeal, therefore, the same may be dismissed as withdrawn.
In the result, all the three appeals of the Revenue and the appeal of the assessee are dismissed.
The decision is pronounced in the open court on 18th July, 2018.
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