ITO, EXEMPTION WARD, GHAZIABAD vs. V V P G COLLEGE, SHAMLI

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ITA 357/DEL/2018Status: DisposedITAT Delhi11 July 2018AY 2009-103 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 held that the Department should not file appeals where the tax effect is below Rs. 10 lakhs, as per CBDT Circular No. 21/2015. The Departmental DR did not press the appeal.

What were the facts?

The Assessing Officer computed a taxable surplus for the assessee college. The CIT(A) granted exemption under Section 10(23C)(iiiab) and deleted the addition.

What were the issues?

Whether the Departmental appeal is maintainable given the low tax effect and CBDT instructions. Whether the assessee is entitled to exemption under Section 10(23C)(iiiab).

Which sections of the Income-tax Act were involved?

Section 10(23C)(iiiab)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI

Before: SHRI BHAVNESH SAINI

Hearing: 11.07.2018Pronounced: 11.07.2018

Date of Hearing : 11.07.2018 Date of Pronouncement : 11.07.2018 ORDER

This appeal by Revenue has been directed against the Order of the Ld. CIT(A), Muzaffarnagar, Dated 29.09.2017, for the A.Y. 2009-2010.

2.

In this case, the A.O. computed the taxable surplus of income of Rs.18,15,794/- and completed the assessment at a total income of Rs.18,15,790/-. The Ld. CIT(A) held that 2 ITA.No.357/Del./2018 M/s. V.V.(P.G.) College, Shamli.

assessee is entitled for exemption under section 10(23C)(iiiab) of the I.T. Act, 1961. The addition was accordingly, deleted.

3.

Admittedly, the tax effect in the present appeal is less than Rs.10 lakhs. Vide Circular No.21/2015 dated 10th December, 2015 issued by CBDT, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.10 lakhs. It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in Tribunals. Pending appeals below the specified tax limit may be withdrawn/not pressed. The Ld. D.R. in view of the Board’s Circular above did not press the departmental appeal. The case of the Department would not fall in the exceptions provided in the above Board Circular. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.

4.

In the result, appeal of the Department is dismissed.

3 ITA.No.357/Del./2018 M/s. V.V.(P.G.) College, Shamli.

Order pronounced in the open Court.

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