ACIT, NEW DELHI vs. M/S. ELENA POWER & INFRASTRUCTURE LTD., NEW DELHI

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ITA 748/DEL/2016Status: DisposedITAT Delhi20 December 2017AY 2011-122 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 appeal of the Revenue. This decision was based on the CBDT's Circular No. 21/2015, which revised the monetary limit for filing departmental appeals to the ITAT to ₹10 lakhs.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2011-12. The tax effect involved in the appeal was below ₹10 lakhs. No one appeared on behalf of the assessee.

What were the issues?

The primary issue was whether the appeal filed by the Revenue should be dismissed due to the low tax effect, in light of the CBDT's revised monetary limits for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.D. AGRAWAL & AND & SMT. BEENA A. PILLAI SMT. BEENA A. PILLAISMT. BEENA A. PILLAI SMT. BEENA A. PILLAI

For Appellant: Shri Atiq Ahmed, Senior DR
Hearing: 20.12.2017Pronounced: 20.12.2017

PER G.D. AGRAWAL, PER G.D. AGRAWAL, PRESIDENT PER G.D. AGRAWAL, PER G.D. AGRAWAL, PRESIDENT PRESIDENT :- PRESIDENT

1.

This appeal by the Revenue for the assessment year 2011-12 is directed against the order of learned CIT(A)-3, New Delhi dated 30th November, 2015.

2.

At the time of hearing before us, nobody appeared on behalf of the assessee-respondent. It is observed that the tax effect involved in this appeal by the Revenue is below `10 lakhs. The CBDT in its Circular No.21/2015 dated 10th December, 2015 has revised the monetary limit for filing of the departmental appeals to the ITAT at `10 lakhs. Learned Senior DR agreed with the same.

2 ITA-748/Del/2016

3.

In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.21/2015 of CBDT dated 10th December, 2015.

4.

In the result, the appeal of the Revenue is dismissed Decision pronounced in the open Court on 20.12.2017.

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