ACIT, FARIDABAD vs. M/S. FRIENDS REALTORS, FARIDABAD

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ITA 898/DEL/2012Status: DisposedITAT Delhi26 April 2016AY 2008-093 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The Tribunal noted that in terms of CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 Lakhs should be withdrawn or not pressed. Therefore, the Revenue's appeals were dismissed in limini.

What were the facts?

The Revenue filed appeals before the ITAT, and the Assessee filed a cross-objection. Both the Revenue's counsel and the Assessee's counsel pointed out that the tax effect in these appeals was below Rs. 10 Lakhs.

What were the issues?

Whether appeals with a tax effect below the threshold specified in CBDT circulars should be dismissed.

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: ‘B’ NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & SMT SUCHITRA KAMBLE

Hearing: 26.04.2016Pronounced: 26.04.2016

PER SUCHITRA KAMBLE, JM These appeals are filed by the Revenue and the Cross Objection in is filed by the Assessee. The Ld. DR as well as Ld. AR pointed that the tax effect in these appeals are less than Rs. 10 Lakhs.

2.

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 read with S.268 A of the Income Tax Act 1961, these appeals by the Revenue should have been withdrawn or should not be pressed by the Revenue. In view of the above, these appeals by the Revenue are dismissed in limini.

3.

In the result Revenue’s appeals are dismissed in limini. The Cross Objection filed by the assessee becomes infructuous, hence dismissed.

Order pronounced in the Open Court on 26th April, 2016.

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