DCIT, NEW DELHI vs. M/S. BEEHIVE SYSTEMS PVT. LTD., NEW DELHI

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ITA 5334/DEL/2014Status: DisposedITAT Delhi04 November 2016AY 2011-124 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The Tribunal noted that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed. Therefore, the Revenue's appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). During the proceedings, it was noted that the tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circulars.

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 ‘A’, NEW DELHI

Hearing: 03.11.2016Pronounced: 4.11.2016

This is an appeal filed by the Revenue against the order dated 21/7/2014 of the Ld.CIT (A)-V, New Delhi. The Ld. AR pointed out that the Tax Effect is less than Rs. 10 lakhs in this appeal. While looking to the appeal papers it was found that the Tax Effect in the present appeal is less than Rs. 10 Lakhs. Admittedly the tax effect in this appeal by the Revenue is less than Rs.10 lakhs.

In terms of CBDT Circular No.21/2015 dated 10th December,2015, F.No. 2. 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue. Accordingly the appeal of the Revenue is dismissed.

3.

In the result Revenue’s appeal is dismissed. .

(Order Pronounced in the Court on 4/11/2016)

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