DCIT, NEW DELHI vs. M/S. NORTH DELHI PROJECTS PVT. LTD., NEW DELHI

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ITA 1603/DEL/2013Status: DisposedITAT Delhi03 February 2016AY 2004-053 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 dismissed the Revenue's appeal as it did not meet the monetary limit for appeals as per CBDT circular. Consequently, the assessee's Cross Objection was also dismissed as infructuous.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2004-05. The assessee also filed a Cross Objection. The tax effect in the Revenue's appeal was below the monetary limit prescribed by a CBDT circular.

What were the issues?

Whether the Revenue's appeal is maintainable considering the tax effect below the prescribed monetary limit. The maintainability of the Cross Objection filed by the assessee.

Which sections of the Income-tax Act were involved?

Section 268A,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & MS.SUCHITRA KAMBLE

PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue directed against the order dt. 15.01.2013 of Ld.CIT(A)-III, New Delhi for Assessment Year 2004-05. The assessee has filed a Cross Objection. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent 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. Further in this CBDT Circular, at para C.O. No. 132/Del/13 A.Y. 2004-05 North Delhi Projects Pvt.Ltd.

10 it is specified that the Instruction will apply retrospectively, to all pending appeals.

2.

The Ld.D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only). 2.1. Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the 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, and hence not maintainable. 2.2. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits.

3.

Since we have dismissed the Revenue’s appeal, the C.O. filed by the assessee has become infructuous and is dismissed as such.

4.

In the result the Revenue’s appeal as well as the assessee’s Cross Objection both are dismissed.

Order pronounced in the Open Court on 03rd February, 2016.

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