ACIT, NEW DELHI vs. SH. SANJAY BHAGAT, NEW DELHI

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ITA 2742/DEL/2015Status: DisposedITAT Delhi26 July 2018AY 2008-095 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, noting that the tax effect was below the revised monetary limit set by CBDT Circular No. 03/2018. Consequently, the assessee's cross-objection was also dismissed as infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect involved in the Revenue's appeal was below Rs. 20,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit as per the latest CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SH. R. K. PANDA & SMT. BEEN A. PILLAI

For Respondent: DR Assessee by Sh. S. Krishnan, Advocate
Hearing: 26/07/2018Pronounced: 26/07/2018

Heard together (2 matters)

Co. No.65/Del/2018
ITA No.2742/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

1.

This appeal filed by the revenue is directed against the order dated 17.02.2015 of the CIT(A)-17, New Delhi relating to A. Y. 2008-09. The assessee has also filed cross objection against the appeal filed by the revenue. For the sake of convenience these were heard together and are being disposed of by this common order.

2.

The Ld. Counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the revenue is below Rs.20,00,000/-. Therefore, in view of the latest CBDT Circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated 11.07.2018 which also applies to pending appeals filed by the department, the appeal filed by the revenue is not maintainable.

3.

The Ld. DR fairly conceded that the tax effect involved in the appeal filed by the revenue is below Rs.20,00,000/-.

4.

After hearing both the sides, we find that the tax effect involved in the grounds raised by the revenue is admittedly 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 of 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.

Co. No.65/Del-2018 (A. Y. 2008-09)

7.

Since the appeal filed by the revenue is dismissed, therefore, the cross objection filed by the assessee becomes infructuous and accordingly the same is dismissed.

8.

In the result, the appeal filed by the revenue and cross objection filed by the assessee are dismissed.

Order pronounced in the open court at the time of hearing itself i.e. on 26th July, 2018.

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