ITO, BHIWANI vs. SERVE HITKARI SHIKSHA SAMITI, BHIWANI

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ITA 3505/DEL/2017Status: DisposedITAT Delhi25 September 2017AY 2012-133 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 the tax effect was below the threshold stipulated by CBDT Instruction No. 21/2015. Consequently, the departmental appeal was deemed not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 10,00,000/- made on account of corpus fund. The tax effect involved in the appeal was less than Rs. 10,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to low tax effect, as per CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: SHRI R.K.PANDA

Hearing: 25.09.2017

ORDER Per R.K.Panda, AM:

This appeal filed by the revenue is directed against the order dated 31st March, 2017 of the CIT(A)- Hisar relating to assessment year 2012-13. 2. The revenue in its only effective ground of appeal has challenged the order of CIT(A) in deleting the addition of Rs. 10,00,000/- made on account of corpus fund.

3. An adjournment application has been filed by ld. DR seeking adjournment of the case. However, considering the low tax effect involved in the grounds of appeal raised by the revenue, the same is rejected and the appeal is taken up for adjudication.

2 (Serve Hitkari Shiksha Samiti) 4. It was seen that the tax effect involved in the ground raised by the revenue is less than 10,00,000/-. When same was confronted to ld. DR, he also fairly conceded that the tax effect involved in the grounds raised by the revenue is below 10 lakhs. Therefore, following the recent CBDT Instruction no. 21/2015 dated 10/12/2015, the departmental appeal is not maintainable. Accordingly the appeal filed by the revenue dismissed on account of low tax effect.

5. In the result appeal of the revenue is dismissed. (Order Pronounced in the Court at the time of hearing itself i.e. on 25.09.2017)

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