DCIT, NEW DELHI vs. M/S. BILTECH BUILDING ELEMENTS LTD., NEW DELHI

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ITA 3046/DEL/2015Status: DisposedITAT Delhi25 June 2018AY 2010-112 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 noted that as per CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, the Revenue should not have pressed this appeal. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2010-11. The tax effect in this appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the prescribed monetary limit as per CBDT circulars and statutory provisions.

Which sections of the Income-tax Act were involved?

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 Mohit Bansal, CA
For Respondent: Ms Ashima Neb, Shri Mohit Bansal, CA
Hearing: 25.06.2018Pronounced: 25.06.2018

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

1.

This is an appeal filed by the Revenue. Admittedly, the tax effect in this appeal is less than Rs. 10 lakhs.

1.1 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 read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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.

Order pronounced in the Open Court on 25.06.2018.

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