ACIT, NEW DELHI vs. M/S. POONAM HASSIJA NEHA HASSIJA, NEW DELHI

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ITA 6435/DEL/2015Status: DisposedITAT Delhi29 August 2016AY 2008-092 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 dismissed the Revenue's appeal in limini (at the outset) due to the low tax effect, as per CBDT circular. The assessee's Cross Objection was dismissed as it was time-barred.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the Revenue's appeal was less than Rs. 10 lakhs. The assessee also filed a Cross Objection.

What were the issues?

Whether the Revenue's appeal should be pressed given the low tax effect as per CBDT circular. Whether the assessee's Cross Objection was filed within the prescribed time limit.

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 ‘SMC-3’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY

ORDER This is an appeal filed by the Revenue. The Cross Objection No.97/Del/16 is filed by the assessee.

1.1. Admittedly the tax effect in this appeal by the Revenue is less than Rs.10 lakhs.

1.2. 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.

2.

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

3.

The C.O.No.97/Del/16 filed by the assessee is ‘time barred’ and is dismissed as such.

4.

In the result Revenue’s appeal is dismissed in limini and assessee’s Cross Objection also is dismissed as it is time barred.

Order pronounced in the Open Court on 29th August, 2016.

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