ITO, WARD- 23(4), NEW DELHI vs. SIMCO INFRASTRUCTURE INDIA PVT. LTD., DELHI

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ITA 434/DEL/2018Status: DisposedITAT Delhi09 August 2018AY 2010-113 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 the CBDT Circular No. 3 of 2018 directs the Department not to file appeals with a tax effect below Rs. 20 lakhs. The Revenue's appeal was therefore not maintainable.

What were the facts?

The Revenue filed an appeal against the deletion of an addition of Rs. 45 lakhs made under Section 68. 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 tax effect and CBDT circular instructions.

Which sections of the Income-tax Act were involved?

Section 68,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.434/Del/2018 Assessment Year 2010-2011 M/s. SIMCO Infrastructure India Income Tax Officer, Pvt. Ltd., (Earlier known as Ward-23(4), Room vs. M/submitted that Champa No.246, CR Building, Commercial Pvt. Ltd.,), B-68, I.P. Estate, New Delhi . Surajmal Vihar, Delhi – 110 092. PAN ACWFS0378R APPELLANT RESPONDENT Revenue by : Sh. Vijay Kumar Jiwani, Sr. DR Assessee by : Sh. Shailesh Gupta, C.A. & Sh. P.C. Yadav, Advocate. 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)-2, New Delhi, dated 20.10.2017, for 2 ITA.No.434/Del./2018 M/s. SIMCO Infrastructure India Pvt. Ltd., Delhi.

Assessment Year 2010-2011, challenging the deletion of addition of Rs.45 lakhs under section 68 of the I.T. Act, 1961.

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 3 ITA.No.434/Del./2018 M/s. SIMCO Infrastructure India Pvt. Ltd., Delhi.

Departmental Appeal is dismissed as withdrawn/not pressed by the Learned Sr. D.R.

3.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court.

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