Income Tax Appellate Tribunal - Delhi
Ito, Ward- 20(3), New Delhi vs Rmp Holdings (P) Ltd., New Delhi on 24 September, 2018
INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "SMC": NEW DELHI
BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER
ITA Nos. 3411, 3412/DEL/2018
Asstt. Years 2008-09, 2009-10
ITO, Ward-20(3), M/s. RMP Holdings (P) Ltd.
New Delhi. 138-C, Block-B, Group-4,
Vs. Dilshad Garden,
New Delhi - 110 095
(Appellant) (Respondent)
Department by: Shri Suresh Kumar Gupta, Advocate
Assessee by : Shri Surendra Pal, Sr. DR
Date of Hearing 24/09/2018
Date of 24/09/2018
pronouncement
ORDER
These appeals are filed by the Revenue directed against the order of Ld. Commissioner of Income Tax (APPEALS) 38, Delhi dated 28.12.2017 pertaining to the assessment years 2008-09, 2009-10.
2. During the course of hearing, the Ld. DR although supported the order of the AO, but could not controvert the fact that tax effect involved in these appeals is less than Rs. 20,00,000/-. The Ld. Counsel appearing for the assessee on the other hand contended that the present appeals of the Revenue are not maintainable in view of recent Circular of CBDT No. 3/2018 dated 11th July, 2018, whereby the monetary limit of tax effect for not filing appeals before the Tribunal has been revised to Rs. 20,00,000/-. The disputed amount involved is Rs. 47,00,000/- which is below Rs. 20 lacs.
3. Having considered the rival submissions and the material available on record, including the above circular, I find that the above circular of CBDT on pecuniary limit has been issued in supersession of earlier CBDT Circular No. 21 of 2015 dated 10.12.2015, revising the monetary limit of tax effect from Rs. 10,00,000/- to Rs. 20,00,000/-. These instructions of CBDT have now statutory force within the provisions of section 268A and are made applicable to the pending appeals also by virtue of para 13 of the Circular.
4. This Circular contains clear instructions to the Department to withdraw or not to press such appeals filed before the ITAT wherein tax effect involved does not exceed Rs. 20,00,000/-. It is not the case of the Revenue that the present appeal comes within the sweep of exclusion clauses as given in para No. 10 & 11 of the said Circular. Thus, going by the prescription of the afore-noted CBDT instructions, and without going into merits of the case, we dismiss the instant appeals filed by the Revenue, being not maintainable, as the tax effect involved in these appeals is less than Rs. 20.00 lacs.
5. In the result, the appeals of the Revenue stand dismissed as indicated above.
Order pronounced in the Open Court on 24th September, 2018.
sd/-
(AMIT SHUKLA)
JUDICIAL MEMBER
Dated: 24/09/2018
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Veena
Copy forwarded to
1. Applicant
2. Respondent
3. CIT
4. CIT (A)
5. DR:ITAT
ASSISTANT REGISTRAR
ITAT, New Delhi
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