DCIT, GURGAON vs. DR RANGARAO RANGARAJU, NEW DELHI

PDF · subscribers
ITA 5844/DEL/2015Status: DisposedITAT Delhi10 February 2016AY 2010-113 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 appeal based on a CBDT circular regarding appeals with a tax effect below Rs. 10 lakhs. The withdrawal was not to be considered a precedent for future years.

What were the facts?

The revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2010-11. The assessee did not appear for the hearing. The revenue's counsel requested to withdraw the appeal.

What were the issues?

The primary issue was whether the revenue's appeal, with a tax effect below the threshold specified in a CBDT circular, should be withdrawn or pressed.

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Ravi Jain CIT(DR)
Hearing: 08/02/2016

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND Ms. SUCHITRA KAMBLE : JUDICIAL MEMBER Asstt. Yr: 2010-11 DCIT, Circle-3, Vs. Dr. Rangarao Rangaraju Gurgaon. C/o Kapil Goel Adv. F-26/124, Sector-7, Rohini. Delhi-110085. PAN: AAWPR 2911 F ( Appellant ) (Respondent) Appellant by : Shri Ravi Jain CIT(DR) Assessee by : None Date of hearing : 08/02/2016. Date of order : 10/02/2016. O R D E R PER S.V. MEHROTRA, A.M:

This is revenue’s appeal against the order dated 31.08.2015, passed by the ld. CIT(A)-2, Gurgaon, relating to A.Y. 2010-11.

2.

None put in appearance on behalf of the assessee at the hearing. We proceed to dispose of the revenue’s appeal, ex parte, qua the assessee and in that process we have heard ld. CIT(DR) and perused the record.

3.

Ld. CIT(DR) at the outset submitted that, prima facie, the tax effect involved in the present appeal 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such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed, the department may be allowed to withdraw the appeal, provided that it should not be considered as a precedent in the subsequent years of the acceptance of issues involved in this 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 appeal is allowed to be withdrawn in terms of Board’s Circular, referred to above.

6.

In the result, revenue’s appeal stands dismissed, having been withdrawn. Order pronouncement in open court on 10/02/2016.

Recent GST High Court judgments

Search GST case law →