DCIT, NEW DELHI vs. M/S. AXIS DIAGNOSTICS & BIOTECH LTD., GURGAON

This is an appeal filed by the Revenue. There is adjournment application on behalf of the Sr. DR as he was not available on 30.05.2016. While looking to the appeal papers it was found that the Tax Effect in the present appeal is less than Rs. 10 Lakhs. The same was pointed out to the Ld. CIT-DR, Mr. Ravi Jain who was present. Admittedly the tax effect in this appeal by the Revenue is less than Rs.10 lakhs. Thus, we are of the opinion that there is no necessity for adjourning the appeal and rejected the adjournment application.

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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue.

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

In the result Revenue’s appeal is dismissed in limini. Order pronounced in the Open Court on 30th May, 2016.