ACIT, NEW DELHI vs. M/S. MMTC LTD., NEW DELHI

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ITA 250/DEL/2014Status: DisposedITAT Delhi28 September 2016AY 1993-942 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The Tribunal held that in terms of CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed. Therefore, the appeal filed by the Revenue was dismissed in limine.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 10 lakhs. The appeal was filed for the assessment year 1993-94.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the threshold stipulated by CBDT circular should be dismissed in limine.

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

ORDER PER J.SUDHAKAR REDDY, A.M.

This appeal is filed by the Revenue. Admittedly the tax effect in the present appeal is less than Rs.10 lakhs. 1.1. 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.

2.

In view of the above the appeal by the Revenue is dismissed in limine.

3.

In the result the appeal by the Revenue is dismissed in limine. Order pronounced in the Open Court on 27th September, 2016.

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