ACIT, NEW DELHI vs. M/S. SAKET MOTORS PVT. LTD., NEW DELHI

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ITA 5572/DEL/2013Status: DisposedITAT Delhi29 June 2016AY 2004-052 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 found substance in the assessee's preliminary objection. The appeal was dismissed as it was filed in violation of CBDT Circular No. 21/2015, which sets monetary limits for appeals.

What were the facts?

The Revenue preferred an appeal before the ITAT against the assessee, Saket Motors Pvt. Ltd. The appeal was filed for the assessment year 2004-05.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to its tax effect being below the threshold stipulated by 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 “G” NEW DELHI

Before: SHRI I.C. SUDHIR & SHRI O.P.KANT

For Appellant: Shri V. Rajkumar, Adv
For Respondent: Smt. Rishpal Bedi, Sr. DR

ORDER

PER I.C. SUDHIR: JUDICIAL MEMBER After considering submissions made by the parties , we find substance in the preliminary objection raised by the Learned AR and accordingly hold that the above appeal preferred by the Revenue having tax effect below Rs.10 lacs is not maintainable since the appeal has been preferred in violation of CBDT Circular No. 21/2015 dated 10.12.2015 enforceable under section 268A of the Income-tax Act, 1961. The appeal is accordingly dismissed. Order pronounced in the open court on .06.2016 ( O.P. KANT ) JUDICIAL MEMBER Dated: /06/2016 Mohan Lal

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