Income Tax Appellate Tribunal - Delhi
Dcit, New Delhi vs M/S Delhi Press Samachar Patra Pvt. ... on 9 October, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH 'E' : NEW DELHI)
BEFORE SHRI R.S.SYAL, HON'BLE VICE PRESIDENT
AND
SHRI LALIET KUMAR, ACCOUNTANT MEMBER
ITA No.166/Del./2016
(ASSESSMENT YEAR : 2012-13)
DCIT, Delhi Press Samachar Patra Pvt. Ltd.
Circle -7 (1), vs. F-4, Vishwakarma Colony,
New Delhi. Opp. ICD, M.B.Road,
New Delhi
(PAN : AAACD2084L)
(APPELLANT) (RESPONDENT)
ASSESSEE BY : None
REVENUE BY : Shri Shefali Swroop, CIT, DR
Date of Hearing : 08.10.2018
Date of Order : 09 .10.2018
ORDER
PER LALIET KUMAR, ACCOUNTANT MEMBER :
1. The present appeal is filed by the revenue challenged the assessee on the following grounds :-
"Whether on the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in deleting the addition of u/s 80IC of Rs. 38,53,590/- made by the AO."
2. From the perusal ground clear that the total deletion challenged by the revenue is to the extent of Rs. 38,53,590/-. As per the CBDT Circular No.3/2018 dated 11th July, 2018 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.20,00,000/- and this factual position has been fairly conceded by the Ld. D.R. The Ld. A.R. contended that 2 ITA No.166/Del./2016 the appeal of the Revenue may be dismissed in the light of CBDT Circular (supra).
3. After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 3/2018 dated 11.07.2018 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 3/2018 dated 11.07.2018 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No. 3/2018 dated 11.07.2018. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case.
4. In the result, appeal of the revenue is dismissed. Order pronounced in open court on this 09th October, 2018.
Sd/- Sd/-
(R.S.SYAL) (LALIET KUMAR)
VICE PRESIDENT ACCOUNTANT MEMBER
Dated 09/10/ 2018
BR
Copy forwarded to:
1.Appellant
2.Respondent
3.CIT
4.CIT(A)-XXVI, New Delhi.
3 ITA No.166/Del./2016
5.CIT(ITAT), New Delhi.
AR, ITAT
NEW DELHI.
Date of dictation 08.10.2018
Date on which the typed draft is placed before 08 .10.2018
the dictating Member
Date on which the typed draft is placed before 09.10.2018
the Other Member
Date on which the approved draft comes to the 09.10.2018
Sr. PS/PS
Date on which the fair order is placed before 09.10.2018
the Dictating Member for pronouncement Date on which the fair order comes back to the 09.10.2018 Sr. PS/PS Date on which the final order is uploaded on 09.10.2018 the website of ITAT Date on which the file goes to the Bench Clerk .10.2018 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order