ACIT, NEW DELHI vs. SHRI ANOOP GUPTA, NEW DELHI

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ITA 3651/DEL/2011Status: DisposedITAT Delhi16 February 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 allowed the revenue to withdraw its appeals based on a CBDT circular. The circular stipulated that appeals with a tax effect below Rs. 10 lakhs should not be filed or pressed.

What were the facts?

The revenue filed appeals before the ITAT for assessment years 2005-06 and 2006-07. The tax effect involved in these appeals was less than Rs. 10 lakhs.

What were the issues?

The primary issue was whether the revenue's appeals, with a low tax effect, should be withdrawn or pressed in light of CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A” NEW DELHI

Before: SHRI S.V. MEHROTRA : & SHRI SUDHANSHU SRIVASTAVA :

For Appellant: Shri Ravi Jain CIT(DR), Shri V.K. Jain CA
Hearing: 15/02/2016

\IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA : JUDICIAL MEMBER & 3652/Del/2011 Asstt. Yrs: 2005-06 & 2006-07 ACIT Central Circle-15, Vs. Anoop Gupta, New Delhi. A-2/14A, Model Town-1, New Delhi. PAN: AAJPG 0479 Q ITA nos. 3653 & 3654/Del/2011 Asstt. Yrs: 2005-06 & 2006-07 ACIT Central Circle-15, Vs. Abhay Gupta, New Delhi. 3641, Mori Gate, Delhi. PAN: ABXPG 4106 H ( Appellant ) (Respondent) Appellant by : Shri Ravi Jain CIT(DR) Assessee by : Shri V.K. Jain CA Date of hearing : 15/02/2016. Date of order : 16/02/2016. O R D E R PER S.V. MEHROTRA, A.M:

These are revenue’s appeals, assailing respective order passed by the ld. CIT(A) in respect of captioned assessees, relating to A.Y. 2005-06 & 2006-07. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.

3.

Ld. CIT(DR) at the outset submitted that, prima facie, the tax effect involved in the captioned appeals is less than Rs. 10 lakhs. Therefore, in terms of CBDT Circular No. 21/2015 dated 10.12.2015, stipulating that the departmental appeal, involving tax effect below Rs.10 lakhs, shall not be filed before the ITAT and further that such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed, the department may be allowed to withdraw the appeals, provided that it should not be considered as a precedent in the subsequent years of the acceptance of issues involved in these appeal and, therefore, if in the subsequent year similar issue arises before the ITAT, where the appeal is above the tax limit, as prescribed in the Board’s Circular, the same should be decided on merits.

4.

After hearing the ld. CIT(DR), the departmental appeals are allowed to be withdrawn in terms of Board’s Circular, referred to above.

6.

In the result, revenue’s appeals stand dismissed, having been withdrawn. Order pronouncement in open court on 16/02/2016.

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