ITO, NEW DELHI vs. M/S. MITRA INDUSTRIES PVT. LTD., NEW DELHI

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ITA 6538/DEL/2016Status: DisposedITAT Delhi21 March 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that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 Lakhs should not be pressed or should be withdrawn. Therefore, the Revenue's appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The respondent pointed out that the tax effect in the appeal was less than Rs. 10 Lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit should be dismissed.

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: ‘E’ NEW DELHI

Before: SHRI R.S. SYAL & SMT SUCHITRA KAMBLE

Hearing: 21.03.2017

PER SUCHITRA KAMBLE, JM

1.

This is an appeal filed by the Revenue. The Ld. AR pointed out that the Tax Effect in the present appeal is less than Rs. 10 Lakhs. The same was pointed out to the Ld. 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue.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.

The order is pronounced in the open court on 21st March of March, 2017.

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