DCIT, NEW DELHI vs. SHRI BALJIT SINGH GILL, NEW DELHI

PDF · subscribers
ITA 404/DEL/2013Status: DisposedITAT Delhi06 May 20162 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. This was based on a CBDT circular revising the monetary limit for filing appeals to the ITAT to Rs. 10 lakh, which was made applicable retrospectively.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which admitted additional evidence and accepted the cash system of accounting. The tax effect involved in the appeal was less than Rs. 10 lakh.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect, considering the retrospective applicability of a CBDT circular setting a monetary limit for appeals.

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: ‘A’ NEW DELHI

Before: SMT DIVA SINGH & SH.PRASHANT MAHARISHI

For Respondent: Ms. Manali Jain, CA
Hearing: 31.03.2016Pronounced: 06.05.2016

Date of Hearing 31.03.2016 Date of Pronouncement 06.05.2016 ORDER

PER DIVA SINGH, JM

1.

The present appeal has been filed by the Revenue assailing the correctness of the order dated 09.11.2012 of CIT(A)-XXIV, New Delhi pertaining to 2008-09 assessment year on the following ground: – 2. “On the facts and in the circumstances of the case, the CIT(A) has erred in admitting additional evidences and accepting of ‘cash system’ of accounting instead of ‘mercantile system’ as confirmed in column 11(b) of the Audit Report u/s 44AB and it is without calling remand report.”

2.

Considering the amount at stake for the Revenue, both the parties were required to address Circular No.21/2015 dated 10th December, 2015 of CBDT. On consideration of the facts on record and the aforesaid Circular of the CBDT, the Ld. Sr. DR fairly conceded that the departmental appeal has been filed wherein the tax effect involved is much less than Rs.10 lakh.

3.

We have heard the submissions of the parties on this issue and perused the material on record. We find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by I.T.A .No.-404/Del/2013

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →