Income Tax Appellate Tribunal - Delhi
Ito, Ward- 2(3), Noida vs Naveen Chandra, Noida on 9 July, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES "SMC" : DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
ITA.No.48/Del./2018
Assessment Year 2008-2009
The Income Tax Officer, Shri Naveen Chandra,
vs C-151D, Kanchan Junga
Ward-2(3), A-2/D, Aayakar
Bhawan, Sector-24, Noida. Apptts. Sector-53, Noida.
PIN-201 301 (U.P.) PIN-201 301.
PAN AEOPC3886L
(Appellant) (Respondent)
For Revenue : Shri S.L. Anuragi, Sr. D.R.
For Assessee : -None-
Date of Hearing : 09.07.2018
Date of Pronouncement : 09.07.2018
ORDER
This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-1, Noida, dated 30.06.2017, for the A.Y. 2008-2009.
2. In this case, the A.O. computed the net taxable income of Rs.29,44,759/- on account of long term capital gains. The Ld. CIT(A), however, allowed the appeal of assessee against 2 ITA.No.48/Del./2018 Shri Naveen Chandra, Noida.
the assessment order framed without assuming jurisdiction under section 143(2) of the I.T. Act.
3. Admittedly, the tax effect in the present appeal is less than Rs.10 lakhs. Vide Circular No.21/2015 dated 10th December, 2015 issued by CBDT, 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.10 lakhs. It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in Tribunals. Pending appeals below the specified tax limit may be withdrawn/not pressed. The Ld. D.R. in view of the Board's Circular above did not press the departmental appeal. The case of the Department would not fall in the exceptions provided in the above Board Circular. 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. 3
ITA.No.48/Del./2018 Shri Naveen Chandra, Noida.
4. In the result, appeal of the Department is dismissed.
Order pronounced in the open Court.
Sd/-
(BHAVNESH SAINI) JUDICIAL MEMBER Delhi, Dated 09th July, 2018 VBP/-
Copy to
1. The appellant
2. The respondent
3. CIT(A) concerned
4. CIT concerned
5. D.R. ITAT 'SMC' Bench, Delhi
6. Guard File.
// BY Order // Assistant Registrar : ITAT Delhi Benches :
Delhi.