DDIT (E), NEW DELHI vs. M/S. CB RICHARD ELLIS (PTE) LTD., NEW DELHI

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ITA 6354/DEL/2013Status: DisposedITAT Delhi22 May 2017AY 2009-104 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 the revised tax effect was below the monetary limit for filing appeals. Therefore, the appeal filed by the Revenue was not maintainable and was dismissed.

What were the facts?

The Revenue filed an appeal against an assessment order for AY 2009-10. The Assessing Officer later rectified the tax liability, reducing it to Rs. 9,02,835/-. This revised tax effect was below the monetary limit prescribed by CBDT circular for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable given the reduced tax effect below the CBDT's monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(3),Section 156,Section 154,Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Respondent: Shri Anil Kumar Sharma, Sr. DR
Hearing: 22/05/2017Pronounced: 22/05/2017

PER AMIT SHUKLA, JUDICIAL MEMBER:

1.

The aforesaid appeal has been filed by the Revenue against impugned order dated 02.9.2013, passed by the ld. CIT (Appeals)-29, New Delhi for the quantum of assessment passed u/s 143(3)/144C(3) for the A.Y. 2009-10.

2.

The assessee in its letter has enclosed a copy of notice of demand u/s 156 dated 30.3.2012, whereby the Assessing Officer has rectified and determined the tax liability at Rs. 9,02,835/- on the entire disputed amount. In view of the aforesaid determination of tax liability by the AO, it is noticed that, now the tax effect is below the monetary limit prescribed by the Instruction issued of the CBDT for filing the appeal before the Tribunal by the Department in wake of circular no. 21/2015 dated 10.12.2015, which lays down the monetary limit of tax effect of Rs. 10 lakhs on the disputed issue. Admittedly this circular/instruction issued by CBDT issued u/s 268A is applicable retrospectively to all the pending appeals accordingly the appeal of the revenue is dismissed as illumine on account of no tax effect.

3.

The Ld. DR submitted that apparently AO’s determination of tax liability in revised demand notice in pursuance of rectification application u/s 154 appears to correct, however he submitted liberty should be given to the department to file rectification application if tax effect exceeds Rs. 10 Lakhs.

4.

On perusal of the revised demand notice issued by the AO, we find that the tax effect on the disputed is less than Rs. 10,00,000/-, therefore, in view of aforesaid CBDT Instruction the appeal of the revenue is not maintainable and hence dismissed in-limine. However Revenue would be liberty to approach this Tribunal, if the tax liability exceeds more than Rs. 10,00,000/-.

5.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 22.05.2017.

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