ACIT, NEW DELHI vs. M/S. ESS KAY FURNISHERS, NEW DELHI

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ITA 5255/DEL/2014Status: DisposedITAT Delhi27 July 2016AY 2006-073 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. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed in limine due to low tax effect, in light of 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 ‘SMC-3’, NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-3’, NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ACIT, Circle 27(1) vs. Ess Kay Furnishers New Delhi 1/69, W.H.S.Timber Block Kirti Nagar New Delhi PAN:AAAFE 2927 Q (Appellant) (Respondent) Appellant by : Sh.P.Damkanunjna, Sr.D.R. Respondent by : Sh.Ashish Goel, C.A. and Sh. Ved Jain, C.A. O R D E R This is an appeal 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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 revenue’s appeal is dismissed in limine. Order pronounced in the Open Court on 26th July, 2016.

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