ACIT, NEW DELHI vs. M/S. GAG CONSTRUCTION (P) LTD., NEW DELHI

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ITA 1176/DEL/2013Status: DisposedITAT Delhi19 April 2016AY 2006-072 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 the tax effect was less than Rs. 10 lakhs. Consequently, the appeal filed by the Revenue was dismissed in limine.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee pointed out that the tax effect was below the threshold specified by CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal should be withdrawn or not pressed due to low tax effect as per CBDT circular.

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

Before: SHRI J.S. REDDY & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri T. Vasanthan, Sr. DR
For Respondent: Shri V.S. Rastogi, AR
Hearing: 19.04.2016Pronounced: 19.04.2016

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

1.

This is an appeal filed by the Revenue. 1.1 The Ld. AR at the outset submitted a chart demonstrating that the tax effect was only Rs. 8,20,177/- and submitted that in terms of CBDT Circular No. 21/2015 dated 10th December, 2015, F. No. 279/Misc./142/2007-ITJ(Pt.) read with Section 268 A of the Income Tax Act, 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue. 1.2 Admittedly, the tax effect in this appeal is less than Rs. 10 lakhs.

2.

In view of the above, this appeal by the Revenue is dismissed in limine.

Order pronounced in the Open Court on 19th April, 2016.

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