ACIT CIRCLE 22 (1) vs. DAMANJIT SINGH,

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ITA 885/DEL/2007Status: DisposedITAT Delhi17 October 2017AY 2002-20033 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 dismissed the Revenue's appeal based on the CBDT's circular revising the monetary limit for appeals. The assessee's cross-objection was also dismissed as it was not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the Revenue's appeal was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI P.K. BANSAL, VICE P.K. BANSAL & AND BEFORE SHRI & AND SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARGSHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG

For Respondent: Shri Anshu Prakash, Senior DR
Hearing: 17.10.2017Pronounced: 17.10.2017

PER P.K. BANSAL, VICE PRESIDENT PER P.K. BANSAL, VICE PRESIDENT :- PER P.K. BANSAL, VICE PER P.K. BANSAL, VICE PRESIDENT PRESIDENT

1.

This appeal by the Revenue and the cross-objection by the assessee are directed against the order of learned CIT(A)-XXIII, New Delhi dated 20th October, 2006.

2.

It is observed that the tax effect involved in the appeal by the Revenue is below `10 lakhs. The CBDT in its Circular No.21/2015 dated 10th December, 2015 has revised the monetary limit for filing of 2 ITA-885/D/2007 & C.O.175/D/2007 the departmental appeals to the ITAT at `10 lakhs which is evident from paragraph 3 of the Circular, which reads as under:-

“3. Henceforth, appeal/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-

S.No. Appeals in Income-tax Monetary Limit (in Rs) matters 1. Before Appellate Tribunal 10,00,000/- 2. Before High Court 20,00,000/- 3. Before Supreme Court 25,00,000/-

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.”

3.

In paragraph 10 of the Circular, such monetary limits have been made applicable retrospectively. For ready reference, we reproduce paragraph 10 below:-

“10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

4.

Therefore, the above Circular would be squarely applicable to the appeal under consideration before us. Learned Senior DR could not controvert the above position.

5.

In view of the above, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.21/2015 of CBDT dated 10th December, 2015.

3 ITA-885/D/2007 & C.O.175/D/2007

6.

The cross-objection filed by the assessee has not been pressed by the assessee. The same is accordingly dismissed.

7.

In the result, the appeal of the Revenue and the cross-objection of the assessee both are dismissed.

Decision pronounced in the open Court on 17.10.2017.

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