DCIT, DEHRADUN vs. SH. DESHPAL SINGH KOHLI, DEHRADUN

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ITA 3161/DEL/2015Status: DisposedITAT Delhi04 July 2018AY 2010-113 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The Tribunal held that the Revenue's appeal should not have been pressed or should have been withdrawn as per CBDT guidelines. Consequently, the Revenue's appeal was dismissed, and the assessee's cross-objection was allowed.

What were the facts?

The Revenue filed an appeal against the deletion of additions made by the Assessing Officer on account of low household withdrawals. The tax effect in this appeal was below the monetary limit prescribed by CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal should be dismissed in limine due to the tax effect being below the prescribed monetary limit, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 68,Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.D. AGRAWAL, HON’BLE & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Kamal Juneja, Adv
For Respondent: Smt. Aparna Karan, CIT DR, Shri Kamal Juneja, Adv
Hearing: 03.07.2018Pronounced: 04.07.2018

Heard together (2 matters)

ITA No. 3161/Del/2015
C.O. 480/Del/2015

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

assessee are directed against the order passed by the ld. CIT(A)

Dehradun dated 26.02.2015 for A.Y. 2010-11.

1.1 In , the department has filed an appeal for deletion of addition made by Assessing Officer for Rs. 8 lakh and Rs. 6 lakh u/s 68 on account of low household C.O. 480/Del/2015 Assessment year 2010-11 withdrawals. Admittedly, the tax effect in this appeal is below the monetary limit of Rs. 10 lakhs.

1.2 In terms of CBDT Circular No. 21/2015 dated 10th December, 2015, F. No. 279/Misc./142/2007-ITJ(Pt.) read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.

2.

In view of the above, this appeal by the Revenue is dismissed in limine.

3.

As in the grounds of cross objection, the assessee has requested for dismissal of the appeal of the department as the tax effect is below Rs. 10 lakh, the cross objection is allowed.

4.

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed.

Order pronounced in the Open Court on 4th July, 2018.

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