ITO, GURGAON vs SH. YOGESH KATARIA, GURGAON

Income Tax Appellate Tribunal, DELHI BENCH “G”, NEW DELHI

Before: SHRI. AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Kaushlendra Tiwari, D.R

The aforesaid appeal has been filed by the Revenue against impugned order dated 24/2/2015 passed by the ld. CIT(Appeals)-I, Gurgaon for quantum of assessment passed under section 144 of the Income Tax Act, 1961 for assessment year 2010-11.

At the outset, Ld. Sr. DR fairly pointed out that the tax effect on the disputed issue as has been raised by the Revenue in the grounds of appeal is much less than Rs.10 lakhs. Whence the tax effect on the addition admittedly is much less than Rs.10 lakhs, then, in view of C.B.D.T. Circular No.21/2015 dated 10/12/2015, the appeal filed by the Revenue is not maintainable. It has been further clarified in the said Circular that the monetary limit for filing of appeal will apply on all the pending appeals also. Accordingly the appeal of the Revenue is dismissed in-limine without going to the merits of the case.

In the result, appeal of the Revenue is dismissed. Order pronounced in the open Court on 26th October, 2017.

ITO, GURGAON vs. SH. YOGESH KATARIA, GURGAON