ACIT, NEW DELHI vs. M/S. BHALLA & COMPANY (P) LTD., NEW DELHI

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ITA 4738/DEL/2012Status: DisposedITAT Delhi30 May 2016AY 2008-093 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 rejected the adjournment application and dismissed the appeal in limini. This was based on CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, which mandate withdrawal or non-pressing of appeals with low tax effect.

What were the facts?

The Revenue filed an appeal before the ITAT. The respondent pointed out that the tax effect in the appeal was less than Rs. 10 lakhs. The Revenue's counsel was also absent.

What were the issues?

Whether an appeal with a tax effect below the prescribed limit should be entertained. The applicability of CBDT circulars regarding low tax effect appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Before: SHRI J. SUDHAKAR REDDY & SMT SUCHITRA KAMBLE

Hearing: 30.05.2016Pronounced: 30.05.2016

Rs.10 lakhs. Thus, we are of the opinion that there is no necessity for adjourning the appeal and rejected the adjournment application.

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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue.

3.

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

4.

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

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