ACIT, NEW DELHI vs. M/S. CEC SOMA (JV), NEW DELHI

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ITA 3268/DEL/2013Status: DisposedITAT Delhi25 September 2017AY 2008-093 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 held that in view of CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs are not maintainable. The circular also applies to pending appeals.

What were the facts?

The Revenue filed an appeal against an assessment order for the assessment year 2008-09. The tax effect on the disputed issue raised by the Revenue was found to be less than Rs. 10 lakhs.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given the low tax effect, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “B”, NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI WASEEM AHMED

For Appellant: Shri Anshu Prakash, D.R

O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the Revenue against impugned order dated 5/8/2014, passed by the ld. CIT (A)-XXVIII, New Delhi for quantum of assessment passed under section 143(3) of the Income Tax Act, 1961 for assessment year 2008-09.

2.

At the outset, Ld. Sr. DR fairly pointed out that the tax effect on the disputed issue as has been raised by the Revenue in the grounds of appeal is much less than Rs.10 lakhs. The disputed amount and the tax effect as per calculation given by the Ld. DR is as under:-

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