ITO, NEW DELHI vs. M/S. COCO INTERNATIONAL LTD., NEW DELHI

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ITA 2504/DEL/2015Status: DisposedITAT Delhi11 June 2018AY 2007-083 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 the tax effect was less than Rs. 10,00,000/- as per CBDT Circular dated 10/12/2015. Consequently, the appeal was dismissed for low tax effect without deciding on merits.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) granting relief to the assessee. The Revenue's appeal was based on a tax effect that was below the threshold specified by a CBDT circular.

What were the issues?

The primary issue was whether the Revenue's appeal should be entertained given the low tax effect, as per the relevant CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI

Before: SHRI G. D. AGRAWAL & MS SUCHITRA KAMBLE

Hearing: 06.06.2018Pronounced: 11.06.2018

This is an appeal filed by the Revenue against the order dated 09.01.2015 passed by the CIT(A)-2, Laxmi Nagar, New Delhi.

2.

This appeal was filed by the Revenue in respect of the relief given by the CIT(A) to the extent of Rs.27,78,300/-. The same was pointed out the Ld. DR and the Ld. DR also submitted that the Revenue is challenging the relief given by CIT(A) to the extent of Rs. 27,78,300/- which comes under the purview of the low tax effect Circular of CBDT dated 10.12.2015. Thus, this appeal comes under the purview of CBDT Circular dated 10th December 2015 being Circular No. 21/2015 regarding tax effect of less than 10 lakhs.

3.

We have heard the Ld. DR. At the time of hearing none appeared for the assessee despite notice is served. Since the Tax effect is less than Rs. 10,00,000/- in light of Circular dated 10/12/2015, this appeal filed by the Revenue comes under the purview of Tax Effect below 10 lakhs. In result, appeal of the Revenue is dismissed for low tax effect as per Circular dated 10/12/2015. We are not deciding this issue on merit as the appeal is dismissed for low tax effect.

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