ITO, SONEPAT vs. SH. RAKESH KUMAR GUPTA, SONEPAT

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ITA 584/DEL/2014Status: DisposedITAT Delhi26 May 2016AY 2009-102 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 as per CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, appeals with a tax effect below Rs. 10 lakhs should not be pressed. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in this appeal was less than Rs. 10 lakhs. The respondent was Shri Rakesh Kumar Gupta.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in limine due to the low tax effect, as per CBDT circular and statutory provisions.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DELHI

Before: SHRI G.D. AGRAWAL & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Ms Susan D. George, Sr. DR
For Respondent: Shri B.L. Goyal, Adv, Shri Deepanshu Jain, Gurjeet Singh, Adv
Hearing: 26.05.2016Pronounced: 26.05.2016

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

1.

This is an appeal filed by the Revenue. Admittedly, the tax effect in this appeal is less than Rs. 10 lakhs.

1.1 In terms of CBDT Circular No. 21/2015 dated 10th December, 2015, F. No. 279/Misc./142/2007-ITJ(Pt.) read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.

2.

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

I.T.A.No. 3390/Del/2013 Assessment Year: 2009-10 Order pronounced in the Open Court on 26th May, 2016.

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