ITO, NEW DELHI vs. M/S. GIEX FOODS (P) LTD., NEW DELHI

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ITA 5181/DEL/2012Status: DisposedITAT Delhi19 April 2016AY 2007-082 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Circular No. 21/2015 and Section 268A of the Income Tax Act, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed.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. The CBDT Circular No. 21/2015 mandates withdrawal of such appeals.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed limit should be dismissed in limini based on 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 ‘C’, NEW DELHI

ITO, Ward 12(1) vs. Glex Foods (P) Ltd. Room no.337, C.R.bdlg. 702, 7th floor, World Trade Tower I.P.Estate Barakhamba Lane New Delhi 2 New Delhi 1 PAN: AABCG 8371 L (Appellant) (Respondent) Appellant by : Sh. T. Vasanthan, 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 this appeal by the Revenue 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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 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 19th April, 2016.

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