What did the Tribunal hold?

The Tribunal held that the departmental appeal was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 21/2015. The Departmental Representative did not press the appeal in view of the circular.

The Assessing Officer computed the net taxable income of the assessee on account of long-term capital gains. The CIT(A) allowed the assessee's appeal against the assessment order, which was framed without assuming jurisdiction under Section 143(2).

What were the issues?

Whether the departmental appeal is maintainable when the tax effect is below the prescribed monetary limit as per CBDT circulars. Whether the assessment order was validly framed without assuming jurisdiction under Section 143(2).

ITO vs Naveen Chandra, Noida | ITAT Delhi 2018

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

Before: SHRI BHAVNESH SAINI

Hearing: 09.07.2018Pronounced: 09.07.2018

Date of Hearing : 09.07.2018 Date of Pronouncement : 09.07.2018 ORDER

This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-1, Noida, dated 30.06.2017, for the A.Y. 2008-2009.

In this case, the A.O. computed the net taxable income of Rs.29,44,759/- on account of long term capital gains.

The Ld. CIT(A), however, allowed the appeal of assessee against

2 ITA.No.48/Del./2018 Shri Naveen Chandra, Noida. the assessment order framed without assuming jurisdiction under section 143(2) of the I.T. Act.

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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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.

3 ITA.No.48/Del./2018 Shri Naveen Chandra, Noida.

In the result, appeal of the Department is dismissed.

Order pronounced in the open Court.

ITO, WARD- 2(3), NOIDA vs. NAVEEN CHANDRA, NOIDA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments