Income Tax Appellate Tribunal - Delhi
Anchal Agro Enterprises Pvt. Ltd., ... vs Ito, Ward- 1(4)(1), Rishikesh on 27 July, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'A' NEW DELHI
BEFORE SHRI G.D. AGRAWAL, HON'BLE PRESIDENT
&
SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER
ITA No.2114/Del/2018
Assessment Year: 2014-15
ITO vs Anchal Agro Enterprises P. Ltd.
Ward 1(4)(1) C/o Sh. Parnay Seth,
Rishikesh St. Judes Chowk, 1st Floor, SBI ATM,
Shimla Road, Dehradun.
PAN NO. AALCA4605K
&
CO No 148/Del/2018
(In ITA No. 2114/Del/2018)
Assessment Year: 2014-15
Anchal Agro Enterprises P. Ltd. vs ITO
C/o Sh. Parnay Seth, Ward 1(4)(1)
st
St. Judes Chowk, 1 Floor, SBI ATM, Rishikesh
Shimla Road, Dehradun.
PAN NO. AALCA4605K
Revenue by Ms. Ashima Neb, Sr. DR
Assessee by Sh. Tarandeep Singh, CA
Date of Hearing 27.07.2018
Date of Pronouncement 27.07.2018
ORDER
PER BENCH Challenging the order of the learned Commissioner of Income-tax (Appeals)- Dehradun (for short "CIT(A)") dated 25.01.2018, revenue preferred 2 this appeal against the deletion of additions of Rs 43,14,552/- made by the learned Assessing Officer. Assessee filed the cross objection challenging the additions made by the Ld. Assessing Officer and in support of the order under challenge by the Revenue.
2. At the outset, it is submitted by the learned AR that the quantum involved in this case being less than Rs.20 lacs, squarely falls within the ambit of Circular No.3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue.
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. 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. Since the appeal is dismissed, the cross objection become infructuous and is also dismissed.
35. In the result, the appeal of the revenue and also the cross objection of the assessee are dismissed.
Order pronounced in the open court on 27th July 2018 Sd/- Sd/-
(G.D. AGRAWAL) (K. NARASIMHA CHARY)
PRESIDENT JUDICIAL MEMBER
Dated: 27th July, 2018
*Kavita
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
Draft dictated on 27.07.2018
Draft placed before author 27.07.2018
Draft proposed & placed before the second member Draft discussed/approved by Second Member.
Approved Draft comes to the Sr.PS/PS 01.08.2018 Kept for pronouncement on 27.07.2018 Date of uploading order on the website 01.08.2018 File sent to the Bench Clerk 01.08.2018 Date on which file goes to the AR
Date on which file goes to the Head Clerk.
Date of dispatch of Order.