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Income Tax Appellate Tribunal, DELHI BENCHES : D : NEW DELHI
Before: SHRI R.S. SYAL & SHRI C.M. GARG
This appeal by the Revenue arises out of the order passed by the CIT(A) on 04.09.2015 in relation to the assessment year 2012-13.
During the course of hearing, the ld. AR submitted that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. He further submitted that as the tax effect involved in the instant appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.10,00,000/-.
We have heard the parties and perused the relevant material on record. Going by the prescription of the aforenoted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-.
Recently, the Hon'ble Supreme Court in DIT vs. S.R.M.B.
Dairy Farming Pvt. Ltd., vide its decision rendered on 23.11.2017, has held that the Circulars of the CBDT requiring dismissal of appeals having no tax effect, being beneficial in nature to the assessee, have retrospective effect and have to be followed. This judgment has been delivered after considering the judgment in the case of Gemini Distillers (2017) 398 ITR 343 (SC). Ex conseqeunti we dismiss the instant appeal without going into the merits of the case.
In the result, the appeal of the Revenue stands dismissed.
Order Pronounced in the open Court on 11.12.2017.