Tribunals and CommissionsDivision Bench(2019) 07 ITAT CK 0137

ITO vs M/s Nirvan Clothing Co. Pvt Ltd

Income Tax Appellate Tribunal · Decided on 2 July 2019

HON’BLE JUDGES
N.K. Billaiya (AM) · Suchitra Kamble, J
RESULT
Dismissed
CASE NUMBER
Income Tax Appeal No. 1064 /Del Of 2017

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Judgment

7 paragraphs · 206 words

N.K. Billaiya, Accountant Member

1.

This appeal by the Revenue is preferred against the order of the ld. CIT(A) - 6, New Delhi dated 01.12.2016 pertaining to A.Y 2013-14.

2.

The solitary grievance of the Revenue is that the CIT(A) erred in allowing depreciation of Rs. 38.76 lakhs.

3.

The grievance of the Revenue itself shows that the tax effect in this appeal is less than Rs. 20 lakhs. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

"This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed."

4.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

5.

In the result, the appeal of the revenue in ITA No. 1064/DEL/2017 is dismissed.