ITO (E), NEW DELHI vs. M/S GHALIB INSTITUTE, NEW DELHI

During the course of hearing, the ld. DR, although supported the order of the Assessing Officer, but fairly agreed that the tax effect involved in this appeal is less than Rs.10,00,000/- and by virtue of Circular of CBDT No. 21 of 2015 dated 10.12.2015, the monetary limit has been revised to Rs.10,00,000/- for not filing appeals by the department before the Tribunal.

After going through 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.