ITO, NEW DELHI vs. R. P. ANAND FARMS PVT. LTD., NEW DELHI

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ITA 4080/DEL/1998Status: DisposedITAT Delhi25 October 2017AY 1995-963 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 as per CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, appeals with a tax effect below the prescribed limit should be withdrawn or not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT. It was observed that the tax effect in the appeal was less than Rs. 10 Lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circular and statutory provisions.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI N. K. SAINI & MS SUCHITRA KAMBLE

For Appellant: Smt. Aparna Karan, CIT
Hearing: 25.10.2017Pronounced: 25.10.2017

PER SUCHITRA KAMBLE, JM

1.

This is an appeal filed by the Revenue. While looking to the appeal papers it was found that the Tax Effect in the present appeal is less than Rs. 10 Lakhs. The same was pointed out to the Ld. CIT-DR. Admittedly the tax effect in this appeal by the Revenue is less than Rs.10 lakhs.

2.

In terms of CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue.

3.

In the result Revenue’s appeal is dismissed.

Order pronounced in the Open Court on 25th OCTOBER, 2017.

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