The ACIT, Circle- 62(1), New Delhi v. Subhash Chander & Co
[Citation -2019-LL-0819-12]

Citation 2019-LL-0819-12
Appellant Name The ACIT, Circle- 62(1), New Delhi
Respondent Name Subhash Chander & Co.
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags rejection of books • monetary limit • tax effect
Bot Summary: Admittedly, the tax effect in the Departmental Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018 Dated 11thJuly, 2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. Pending appeals below the specified tax limit may be withdrawn/not pressed by the Department. The CBDT Vide Circular No.17/2019 Dated 08.08.2019 amended the earlier Circular No.3/2018 whereby it has been directed that monetary limit for filing the Departmental appeal in Income Tax Cases may be enhanced further through this amendment in para-3 of the Circular mentioned above and accordingly, the monetary limit for filing the appeal before the Appellate Tribunal have been enhanced to Rs.50 lakhs. Circular No.3/2018 all the conditions of earlier Circular No.3/2018 shall apply accordingly. The Ld. D.R. in view of the above Board s Circulars did not press the Departmental Appeal. In the result, the Departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and therefore, the appeal of the Department is liable to be dismissed.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES E : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.No.3348/Del./2016 Assessment Year 2011-2012 M/s. Subhash Chander & ACIT, Circle-62(1), Co. SCO-4, 1st Floor, Room No.2202, 22nd Floor, vs., Pocket-C, Sarita Vihar, Civic Centre, Minto Road, New Delhi 110 082. New Delhi 110 002. PAN AACFS6833P (Appellant) (Respondent) For Revenue : Ms. Rinku Singh, Sr. D.R. For Assessee : Shri Somil Agarwal, Advocate Date of Hearing : 13.08.2019 Date of Pronouncement : 19.08.2019 ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against Order of Ld. CIT(A)-20, New Delhi, Dated 10.03.2016 for A.Y. 2011-2012, challenging deletion of addition of Rs.67,73,714/- on account of rejection of books of account. 2 ITA.No.3348/Del./2016 M/s. Subhash Chander & CO. New Delhi. 2. Admittedly, tax effect in Departmental Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018 Dated 11thJuly, 2018 issued by CBDT under section 268A of I.T. Act, it has been directed that Department shall not file appeal before Tribunal in case where tax effect does not exceed monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in Tribunal. Pending appeals below specified tax limit may be withdrawn/not pressed by Department. CBDT Vide Circular No.17/2019 Dated 08.08.2019 amended earlier Circular No.3/2018 (supra) whereby it has been directed that monetary limit for filing Departmental appeal in Income Tax Cases may be enhanced further through this amendment in para-3 of Circular mentioned above and accordingly, monetary limit for filing appeal before Appellate Tribunal have been enhanced to Rs.50 lakhs. Since Circular No.17/2019 Dated 08.08.2019 have been issued to amend its earlier 3 ITA.No.3348/Del./2016 M/s. Subhash Chander & CO. New Delhi. Circular No.3/2018 (supra), therefore, all conditions of earlier Circular No.3/2018 shall apply accordingly. 3. Ld. D.R. in view of above Board s Circulars did not press Departmental Appeal. case of Department would not fall in exceptions provided in above Board Circulars. In result, Departmental appeal is not maintainable as appeal is filed against Board instructions referred to above and therefore, appeal of Department is liable to be dismissed. 4. In result, appeal of Department dismissed. Order pronounced in open Court. Sd/- Sd/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Delhi, Dated 19th August, 2019 VBP/- 4 ITA.No.3348/Del./2016 M/s. Subhash Chander & CO. New Delhi. Copy to 1. appellant 2. respondent 3. CIT(A) concerned 4. CIT concerned 5. D.R. ITAT E Bench 6. Guard File //By Order// Asst. Registrar : ITAT : Delhi Benches : Delhi. ACIT, Circle- 62(1), New Delhi v. Subhash Chander & Co
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