ADDL.CIT, SPECIAL RANGE-9, NEW DELHI vs. THOMSON PRESS INDIA LTD., NEW DELHI

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ITA 2807/DEL/2018Status: DisposedITAT Delhi09 August 2018AY 1992-933 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that as per CBDT Circular No. 3 of 2018, the Revenue should not file appeals where the tax effect does not exceed Rs. 20 lakhs. The Revenue's counsel did not press the appeal in light of this circular.

What were the facts?

The Revenue filed an appeal before the ITAT challenging the deletion of penalty under section 271(1)(c). The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and the CBDT circular. Whether the penalty under Section 271(1)(c) should be sustained.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C+SMC’, NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

For Respondent: DR Assessee by : Sh. Shailesh Gupta, C.A. &
Hearing: 09.08.2018Pronounced: 09.08.2018

ITA.No.2807/Del/2018 Assessment Year 1992-1993 The Addl. CIT, Sp. M/s. Thomson Press (India) Ltd., Range-9,C.R. Building, K-9, Connaught Circus, I.P. Estate, New Delhi. vs. New Delhi – 110 001. PAN AAACT4827F APPELLANT RESPONDENT Revenue by : Sh. Vijay Kumar Jiwani, Sr. DR Assessee by : Sh. Shailesh Gupta, C.A. & Date of Hearing : 09.08.2018 Date of Pronouncement : 09.08.2018 ORDER

PER BHAVNESH SAINI, JM

1.

This appeal by the Revenue has been directed against the order of Ld. CIT(A)-9, New Delhi, dated 27.02.2018, for Assessment Year 1992-1993, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961.

2 ITA.No.2807/Del./2018 M/s.Thomson Press (India) Ltd., New Delhi.

2.

Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs. Vide Circular No. 3 of 2018 dated 11.07.2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. Pending appeals below the specified tax effect may be withdrawn/not pressed. Learned Sr. D.R. in view of the above Board Circular did not press the Departmental Appeal. We may also note that the Appeal of the Department above would not fall within the exceptions provided in the Board Circular. In the result, the Departmental Appeal is not maintainable as have been filed against the instruction of the Board. The Departmental Appeal is dismissed as withdrawn/not pressed by the Learned Sr. D.R.

3.

In the result, appeal of the Revenue is dismissed.

3 ITA.No.2807/Del./2018 M/s.Thomson Press (India) Ltd., New Delhi.

Order pronounced in the open court.

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