ACIT, NEW DELHI vs. M/S DERBY ESTATES PVT. LTD., NEW DELHI

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ITA 1244/DEL/2011Status: DisposedITAT Delhi25 April 2016AY 2005-063 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 rejected the Revenue's adjournment application. Citing CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, the Tribunal found the appeal should have been withdrawn or not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT. The Revenue sought an adjournment for the hearing. The respondent pointed out that the tax effect was below the threshold for appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect and non-compliance with 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: ‘B’ NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & SMT SUCHITRA KAMBLE

Hearing: 25.04.2016Pronounced: 25.04.2016

PER SUCHITRA KAMBLE, JM

1.

This is an appeal filed by the Revenue. The Revenue sought an adjournment by way of an application. But the Ld. AR pointed that the tax effect in this appeal is less than Rs. 10 Lakhs. Therefore, the application for adjournment is rejected.

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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not be pressed by the Revenue.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

3.

In the result Revenue’s appeal is dismissed in limini.

Order pronounced in the Open Court on 25th April, 2016.

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