DCIT, NEW DELHI vs. M/S. VESTERGAARD ASIA PVT. LTD., NEW DELHI

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ITA 6720/DEL/2015Status: DisposedITAT Delhi26 July 2018AY 2011-123 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 decision was based on a CBDT Circular revising the monetary limit for filing appeals to Rs. 20 lakhs, and the current appeal fell below this limit.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the DRP for Assessment Year 2011-12. The appeal was filed by the Dy. C.I.T against M/s Vestergaard Asia Pvt. Ltd.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to a revised monetary limit for appeals set by the CBDT, making the appeal below the threshold.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘I-2’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI SUCHITRA KAMBLE

For Appellant: Shri G.C. Srivastava, Adv
Hearing: 26.07.2018Pronounced: 26.07.2018

PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is preferred against the order of the DRP - 2, New Delhi dated 10.09.2015 pertaining to A.Y 2011-12.

2.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

1.

This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.

4.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

5.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 26.07.2018.

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