ACIT, NEW DELHI vs. SHRI RAJEEV GAUTAM, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal by the Revenue was not maintainable as the tax effect was less than Rs. 10 lakhs, as per CBDT Circular No. 21/2015. Therefore, the ground raised by the Revenue was dismissed.
What were the facts?
The Revenue appealed against the deletion of an addition of Rs. 15 lakhs made under Section 68 of the Income Tax Act. The assessment year in question was 2010-11.
What were the issues?
Whether the appeal filed by the Revenue is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is directed against the order dated 30.03.2015 of Commissioner of Income Tax[Appeals] - 21, New Delhi pertaining to assessment year 2010-11.
The only grievance of the Revenue is that the ld. CIT(A) erred in deleting the addition of Rs. 15 lakhs u/s 68 of the Act.
A perusal of the grievance of the Revenue shows that tax effect is less than Rs. 10 lakhs and, therefore, this appeal by the Revenue is not maintainable in light of the CBDT in its Circular No. 21/2015 dated 10.12.2015 by which the Board has instructed the Revenue not to prefer appeal before the Tribunal where the tax effect is less than Rs.10 lakhs. Accordingly, ground raised by the revenue is dismissed.
In the result, the appeal of the Revenue is dismissed.
The order is pronounced in the open court on 12 .07.2018.
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- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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