ITO, DEHRADUN vs. SHRI KRISHAN PRAKASH MITTAL, DEHRADUN

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ITA 1885/DEL/2015Status: DisposedITAT Delhi05 June 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 dismissed the departmental appeal. This was based on a CBDT circular stating that appeals with a tax effect below Rs. 10 lakhs should not be filed or pressed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2010-2011. The appeal concerned the taxability of net long-term capital gains amounting to Rs. 37,87,212.

What were the issues?

The primary issue was whether the departmental appeal was maintainable given the tax effect and the CBDT's monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU

Hearing: 05.06.2018Pronounced: 05.06.2018

This appeal by Revenue has been directed against the Order of the Ld. CIT(A), Dehradun, dated 27.01.2015, for the A.Y. 2010-2011.

2 ITA.No.1885/Del./2015 Shri Krishan Prakash Mittal, Dehradun.

2.

Learned Counsel for the Assessee pointed out that the issue involved in the departmental appeal is regarding taxability of net long term capital gains of Rs.37,87,212/- on which the tax rate applicable is 20% and by including educational tax, the tax involved in the departmental appeal would be Rs.7,80,175/-. Calculation is filed on record and provided to the Ld. D.R.

3.

Admittedly, the tax effect in the departmental 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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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

3 ITA.No.1885/Del./2015 Shri Krishan Prakash Mittal, Dehradun. appeal. In view of the above, the departmental appeal is dismissed as is filed in violation of the CBDT instruction above.

4.

In the result, appeal of the department is dismissed.

Order pronounced in the open Court.

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