ITO, NEW DELHI vs. M/S. JUNEJA NAGPAL CONSTRUCTIONS PVT. LTD., DELHI

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ITA 773/DEL/2010Status: DisposedITAT Delhi05 May 2016AY 2003-042 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The Tribunal noted that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue should have pressed an appeal with a tax effect below the threshold stipulated by CBDT circulars.

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 ‘D’, NEW DELHI

For Appellant: Ms. Rashmi Jha, Sr. D.R

ITO, Ward 4(2) vs. Juneja Nagpal Construction P.Ltd. New Delhi 203, Mukand House Commercial Complex, Azadpur Delhi 110 033 PAN: AABCJ 0067 G (Appellant) (Respondent) Appellant by : Ms. Rashmi Jha, Sr. D.R. Respondent by : None. ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue. Admittedly the tax effect in the present 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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 the appeal by the Revenue is dismissed in limine. 3. In the result Revenue’s appeal is dismissed in limine. Order pronounced in the Open Court on 05th May, 2016.

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