ACIT, NEW DELHI vs. M/S. LAXMAN INDUSTRIES LTD, NEW DELHI

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ITA 2005/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 directing 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 challenging the deletion of an addition by the CIT(A). The tax effect of the departmental appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the departmental appeal should be pressed or withdrawn in light of the CBDT's monetary limit for appeals to the Tribunal.

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)-5, New Delhi, dated 28.01.2015, for the A.Y. 2010-2011, challenging the deletion of addition of Rs.14,49,110/-.

2 ITA.No.2005/Del./2015 M/s. Laxman Industries Ltd., New Delhi.

2.

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 Pending appeals below the specified tax limit may be withdrawn/not pressed.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 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.

Sd/- Sd/- (L.P. SAHU) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Delhi, Dated 05th June, 2018 VBP/-

3 ITA.No.2005/Del./2015 M/s. Laxman Industries Ltd., New Delhi.

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