DCIT, NEW DELHI vs. M/S. HARMAN PROPERTIES LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 21/2015. Therefore, the grounds raised by the Revenue were dismissed.
What were the facts?
The Revenue appealed against an order of the CIT(A) concerning a disallowance made under Section 36(1)(iii). The tax effect of the appeal was less than Rs. 10 lakhs.
What were the issues?
Whether an appeal by the Revenue is maintainable before the Tribunal when the tax effect is less than Rs. 10 lakhs, as per CBDT instructions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘C’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI SUDHANSHU SRIVASTAVA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is directed against the order dated 28.11.2014 of Commissioner of Income Tax[Appeals], New Delhi pertaining to assessment year 2010-11.
The only grievance of the Revenue is that the ld. CIT(A) erred in directing to recompute the disallowance of Rs. 18,20,821/- made u/s 36(1)(iii) of the Income-tax Act, 1961.
A perusal of the grievance of the Revenue shows that tax effect would be less than Rs. 10 lakhs and, therefore, this appeal by the Revenue is not maintainable in light of the CBDT in its Circular No. 21/2015 dated 10.12.2015 by which the Board has instructed the Revenue not to prefer appeal before the Tribunal where the tax effect is less than Rs.10 lakhs. Accordingly, ground raised by the revenue is dismissed.
In the result, the appeal of the Revenue is dismissed.
The order is pronounced in the open court on 19.06.2018.
More judgments on Section 36(1)(iii)
- Hcy Industrial Parks Private Limited, Mumbai vs Assessment Unit, Income Tax Department…ITA 1899/MUM/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Hcy Industrial Parks Private Limited, Mumbai vs Assessment Unit, Income Tax Department…ITA 1899/MUM/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Shah Brothers, West Singhbhum vs ACIT/DCIT, Cen Cir-1, RanchiITA 239/RAN/2026[2017-2018]Status: Disposed30 Sept 2026AY 2017-2018
- Ami Industries, Surendranagar vs The ITO Ward 1, SurendranagarITA 148/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- Ami Industries, Surendranagar vs The ITO Ward 1, SurendranagarITA 148/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
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