ACIT, NEW DELHI vs. M/S. STERLING ORNAMENTS PVT. LTD., NEW DELHI

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ITA 4931/DEL/2012Status: DisposedITAT Delhi30 November 2017AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT circular revising the monetary limit for appeals has statutory force and applies retrospectively to pending appeals. Therefore, the appeal filed by the Revenue was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the appeal was not maintainable due to the CBDT's revised monetary limit for filing appeals. The tax effect in the appeal was less than Rs. 10,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the CBDT's revised monetary limit for appeals, and if the circular applies retrospectively.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Before: SHRI H.S. SIDHU & L.P. Sahu

Hearing: 30.11.2017Pronounced: 30.11.2017

ORDER Per L.P. Sahu, A.M.: This appeal by the Revenue arises out of the order passed by the CIT(A) XII in relation to the captioned assessment year.

2.

During the course of hearing, the ld. DR, 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/-. The ld. AR of the assessee, on the other hand, contended that the appeal of the revenue is not maintainable by virtue of Circular of CBDT No. 21 of 2015 dated 10.12.2015, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal.

ITA No. 4931/Del./2012 2

3.

After considering the submissions of both the parties and the material on record, we find that the above circular of CBDT on pecuniary limit has now statutory force within the provisions of section 268A of the IT Act. These instructions are operative retrospectively to the pending appeals also. It goes without saying that the Board’s instructions or directions issued to the income-tax authorities are binding upon them. Going by the prescription of the afore-noted Circular, and without going into merits of the case, we dismiss the instant appeal filed by the Revenue as tax effect involved in this appeal is less than Rs.10.00 lacs and DR. was also agreed for dismissing to the appeal as per above noted circular.

8.

In the result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 30.11.2017.

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