ACIT, NEW DELHI vs. MS. CLASSIC LAMPS INDUSTRIES PVT. LTD., NEW DELHI

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ITA 3056/DEL/2014Status: DisposedITAT Delhi21 June 2023AY 2009-103 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 the tax effect in the appeal was below the threshold limit fixed by the CBDT for filing appeals. Therefore, the appeal was liable to be dismissed on this ground.

What were the facts?

The Revenue appealed against an order of the CIT(A) which deleted a portion of an addition made by the AO on account of unexplained cash credit. The assessment year in question was 2009-10.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the tax effect below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘G’: NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI ANUBHAV SHARMA

For Appellant: Shri Sarvesh, Adv
For Respondent: Shri H.K. Choudhary, (CIT) DR, Shri Sarvesh, Adv
Hearing: 19.06.2023Pronounced: 21.06.2023

ORDER PER SHAMIM YAHYA, A.M.

This appeal by Revenue is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)-III, New Delhi, dated 24.03.14 and pertains to Assessment Year 2009-10. The Grounds of appeal are as under:-

“1. That the Commissioner of Income Tax (Appeals) erred in law and on facts of the case in deleting the addition of Rs. 18,00,000 out of total addition of Rs. 2,01,06,000 made on account of unexplained cash credit by the AO in the books of the assessee. 2 (a) The order of the CIT(A) is erroneous and not tenable in law and on ITA No.-3056/Del/2014 M/s Classic Lamps Industries Pvt.Ltd. facts. (b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.”

2.

At the outset, it is noticed that the tax effect in this appeal is below Rs. 50,00,000 fixed by the CBDT for filing appeal before the Income Tax Appellate Tribunal, Hence this appeal is liable to be dismissed for lack of tax effect. Hence, this appeal is dismissed.

3.

In the result, appeal of the Revenue stand dismissed.

Order pronounced in the open court on 21/06/2023

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