ITO, NEW DELHI vs. SH. GURDEEP SINGH, DELHI

PDF · subscribers
ITA 5857/DEL/2015Status: DisposedITAT Delhi10 February 2016AY 2007-082 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 CBDT Circular No. 21/2015, which mandates that appeals with a tax effect below Rs. 10 lakhs should not be filed or should be withdrawn.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order for AY 2007-08. The tax effect involved in the appeal was less than Rs. 10 lakhs.

What were the issues?

Whether the departmental appeal, having a tax effect below the prescribed limit, should be withdrawn or pressed on merits.

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: 2007-08 Income-tax Officer, Vs. Gurdeep Singh, Ward 57(3), New Delhi. C-2/30A, Yamuna Vihar, Delhi-110053. PAN: ASFPS 4499 G ( 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 20.08.2015, passed by the ld. CIT(A)-19, New Delhi, relating to A.Y. 2007-08.

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such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed, the department may be allowed to withdraw the appeal, provided that it should not be considered as a precedent in the subsequent years of the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 →