DCIT, NEW DELHI vs. SMT. USHA SHARMA, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CBDT circular is binding on the tax authorities. Since the tax effect in these appeals was below the prescribed monetary limit, the appeals were not maintainable.
What were the facts?
The Revenue filed appeals against the CIT(A) order for AY 2007-08 and 2008-09. The Department's counsel pointed out a CBDT circular stating that appeals with a tax effect below Rs. 20 lakhs should not be filed.
What were the issues?
Whether the Revenue's appeals are maintainable before the Tribunal given the tax effect is below the monetary limit prescribed by the CBDT circular.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI
PER PRASHANT MAHARISHI, A. M. 1. These are the appeals filed by the Department is directed against the order dated 29.10.2014 of ld CIT(A)-XXXII, New Delhi for the Assessment Year 2007-08 and 2008-09 2. At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.03/2018 dated 11TH July 2018 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.20 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts. 3. We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Sl.No. Appeals in Income-tax Monetary Limit(in matters Rs.) Page | 1
DCIT Vs Smt Usha Sharma, and 462/Del/2015 (Assessment Year: 2007-08 and 2008-09) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 3. Before Supreme Court 1,00,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”
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