ITO, WARD- 27(3), NEW DELHI vs. WEGMANS INDUSTRIES PVT. LTD., NEW DELHI

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ITA 1611/DEL/2018Status: DisposedITAT Delhi27 August 2018AY 2014-153 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 dismissed the Revenue's appeal based on a CBDT Circular that revised the monetary limit for filing appeals. The circular mandated withdrawal or non-pressing of pending appeals below the specified tax limit.

What were the facts?

The Revenue preferred an appeal before the ITAT against the order of the CIT(A). The appeal was filed for the assessment year 2014-15.

What were the issues?

Whether the Revenue's appeal should be dismissed due to a revised monetary limit for filing appeals as per CBDT Circular No. 3/2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘SMC-A’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH

For Appellant: Shri Sumit Jain, Sr. FCA
Hearing: 27.08.2018Pronounced: 27.08.2018

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] - 9 New Delhi dated 26.12.2017 pertaining to assessment year 2014-15.

2.

This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

3.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

4.

In the result, the appeal filed by the Revenue is dismissed.

The order is pronounced in the open court on 27.08.2018.

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