DCIT, NEW DELHI vs. M/S. KOHLI ONE HOUSING & DEVELOPMENT (P) LTD., NEW DELHI

PDF · subscribers
ITA 3458/DEL/2015Status: DisposedITAT Delhi18 July 2018AY 2010-113 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 was below the monetary limit of Rs. 20 lakhs as per CBDT Circular No. 3/2018. Therefore, the appeal should not have been pressed by the Revenue.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order for AY 2010-11. The tax effect in this appeal was calculated to be Rs. 1,13,016/-.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri V.N. Marwah, CA
For Respondent: Shri K. Tewari, Sr. DR, Shri V.N. Marwah, CA
Hearing: 16.07.2018Pronounced: 18.07.2018

order of the ld. CIT(A)-V, New Delhi dated 12.3.2015 for assessment year 2010-11.

2.

The computation of tax effect has been submitted on behalf of the assessee as under:-

“Tax Effect:

Tax as computed while filing ITR [A]: Rs. 2,47,25,598/- Tax on Income assessed u/s 143(3) [B]: Rs. 2,48,38,614/- Tax effect [B] – [A] : Rs. 1,13,016/-”

2.1 Admittedly, the tax effect in this appeal is below the monetary limit of Rs. 20 lakhs.

2.2 In terms of CBDT Circular No. 3/2018 dated 11th July, 2018 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.

3.

In view of the above, the appeal by the Revenue is dismissed in limine.

Order pronounced in the Open Court on 18th July, 2018.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →