DCIT, NEW DELHI vs. M/S. HOTLINE TELETUBE & COMPONENTS LTD., NEW DELHI

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ITA 222/DEL/2014Status: DisposedITAT Delhi06 April 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The Tribunal held that the appeal should have been withdrawn or not pressed by the Revenue in terms of CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act.

What were the facts?

The Revenue filed an appeal against the deletion of a penalty. The penalty amount in dispute was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal was maintainable given the penalty amount and CBDT circulars regarding withdrawal of appeals.

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

DCIT, Circle 12(1) vs. Hotline Teletube & Components Ltd. New Delhi 241, Okhla Indl.Estate, Phase III New Delhi 110 020 PAN: AAACH 0757 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 in this appeal the penalty deleted which is under challenge 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 read with S.268 A of the Income Tax Act 1961, this appeal by the Revenue should have been withdrawn or should not have been pressed by the Revenue.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 06th April, 2016.

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