DCIT, NEW DELHI vs. M/S. I.G. BUILDERS & PROMOTERS (P) LTD, NEW DELHI

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ITA 1406/DEL/2009Status: DisposedITAT Delhi17 March 2016AY 2004-20052 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 in terms of CBDT Circular No. 21/2015 and Section 268A of the Income Tax Act, 1961, appeals with a tax effect below Rs. 10 lakhs should be withdrawn or not pressed. Therefore, the appeals were dismissed.

What were the facts?

The Revenue filed appeals before the ITAT. The tax effect in both appeals was less than Rs. 10 lakhs. The CBDT Circular No. 21/2015 provides guidelines for withdrawal of appeals with a tax effect below a certain limit.

What were the issues?

Whether appeals with a tax effect below the threshold specified in CBDT circulars should be dismissed in limini.

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 H.S.SIDHU & SHRI J. SUDHAKAR REDDY

ITA No. 1404/Del/2009 AY: 2002-03 and 2004-05 DCIT, Circle 11(1) vs. I.G.Builders & Promoters Pvt.Ltd. New Delhi C 581, Defence Colony New Delhi (Appellant) (Respondent) Appellant by : Sh. A.K.Saroha, CIT, D.R. Respondent by : Sh. Vinod Aggarwal, C.A. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER These are appeals filed by the Revenue. Admittedly the tax effect in both these appeals 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 read with S.268 A of the Income Tax Act 1961, these appeals by the Revenue should have been withdrawn or should not be pressed by the Revenue.

2.

In view of the above these appeals by the Revenue are dismissed in limini.

3.

In the result Revenue’s appeals are dismissed in limini. Order pronounced in the Open Court on 17th March, 2016.

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