ITO, WARD- 19(2), NEW DELHI vs. P MITTAL MANUFACTURING PVT. LTD., NEW DELHI

PDF · subscribers
ITA 7073/DEL/2017Status: DisposedITAT Delhi17 July 2018AY 2009-104 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. This was based on a CBDT circular revising the monetary limit for filing appeals before the ITAT to Rs. 20,00,000/-.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order which deleted additions made by the Assessing Officer. The tax effect involved in the appeal was below Rs. 20,00,000/-.

What were the issues?

Whether the revenue's appeal is maintainable before the ITAT given the revised monetary limits prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

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

Before: SH. R. K. PANDA

Hearing: 17/07/2018Pronounced: 17/07/2018
1.

This appeal filed by the revenue is directed against the order dated 24.08.2017 of the CIT(A)-XXV, New Delhi relating to A. Y. 2009-10.

2.

At the time of hearing it was seen that the revenue has contested the order of the CIT (A) in deleting the addition of Rs.44,50,000/- made by the Assessing Officer u/s 68 and deleting the addition of Rs.18,100/- on account of commission. Thus, the tax effect involved in the grounds of appeal raised by the revenue is below Rs.20,00,000/-. The CBDT vide circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated 11.07.2018 has revised the monetary limit to Rs.20,00,000/- for filing the appeals by the department before 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that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn.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 is admittedly below Rs. 20,00,000/-, therefore, in view of the latest CBDT Circular cited (supra) the appeal filed by the revenue is dismissed.

3.

In the result, the appeal filed by the revenue is dismissed.

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →