ACIT, NEW DELHI vs. SHRI ANIL KAPOOR, NEW DELHI

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ITA 4172/DEL/2011Status: DisposedITAT Delhi30 March 2016AY 2005-062 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The Tribunal noted that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed.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 of the appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed in limini 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 ‘A’, NEW DELHI

ACIT, Circle 24(1) vs. Sh. Anil Kapoor New Delhi Kamal Cinema Building Safdarjung Enclave, New Delhi (Appellant) (Respondent) Appellant by : Sh. KK Jaiswal, 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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 30th March, 2016.

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