ACIT, MEERUT vs. SHRI SURENDER UPPAL, DEHRADUN

The Ld. DR pointed out that the Tax Effect in the present appeal is less than Rs. 10 Lakhs. 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue. Since the main appeals do not survive, the cross objections to the relevant appeals filed by the assessee also become infructuous.

In the result Revenue’s appeals are dismissed being low tax effect.

In respect of the cross objections filed by the assessee, despite sending notice of hearing sufficiently in advance, neither assessee attended nor any application for adjournment has been received. It is thus inferred that the assessee is not interested to prosecute these cross objections.

Having regard to Rule 19(2) of Income Tax Appellate Tribunal Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd. [38 ITD 320 (Delhi)] and Hon’ble Madhya Pradesh High Court’s decision in case of Estate of Late Tukojirao Holkar Vs. CWT [223 ITR 480 (MP)], these cross objections are treated as un-admitted and dismissed.

In result, the cross objections of the assessee stands dismissed for non prosecution.