DCIT, NEW DELHI vs. M/S. MICROMAX TECHNOLOGIES PVT. LTD., NEW DELHI

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ITA 3338/DEL/2015Status: DisposedITAT Delhi27 July 2017AY 2006-075 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 held that the appeals filed by the Revenue were not maintainable as they violated the CBDT Circular No. 21/2015 regarding monetary limits for filing appeals. Consequently, both appeals were dismissed.

What were the facts?

The Revenue appealed against the deletion of additions made on account of unexplained cash credits for assessment years 2006-07 and 2007-08. The tax effect in these appeals was below Rs. 10,00,000.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals due to the low tax effect, in contravention of CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

O R D E R. PER I. C. SUDHIR, J. M. :

The Revenue has questioned first appellate order on the following common effective ground :-

“ 1. The ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in deleting the addition of Rs.12,39,000/- [for assessment year 2006-07] and Rs.15,92,000/- [for assessment year 2007-08] on account of unexplained cash credits without examining and adjudicating upon merits of the case. ”

2 I. T. Appeal Nos. 3338 & 3339/Del/2015 Assessment Years : 2006-07 & 2007-08.

2.

Since undisputedly the tax effect in these appeals preferred by the Revenue is below Rs.10,00,000/-, hence the present appeals are not maintainable as these have been filed in violation of the CBDT Circular No.21/2015 dated 10.12.2015, which is having statutory force under section 268A of the I. T. Act. Both the appeals are accordingly dismissed, as not maintainable.

3.

The order is pronounced in the Open Court on : 27th July, 2017.

Sd/- Sd/- ( L. P. SAHU ) ( I. C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : the 27th July, 2017.

*MEHTA*

3 I. T. Appeal Nos. 3338 & 3339/Del/2015 Assessment Years : 2006-07 & 2007-08.

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