DCIT, NEW DELHI vs. M/S. HIGH LINK INVESTMENT PVT. LTD., NEW DELHI

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ITA 159/DEL/2015Status: DisposedITAT Delhi10 October 2017AY 2008-092 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 noted that the CBDT circular revising the monetary limit for appeals has statutory force. Following this circular, the Tribunal dismissed the appeal without going into the merits of the case.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, the Departmental Representative agreed that the tax effect was below the revised monetary limit for filing appeals. No one appeared for the assessee.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect below the prescribed monetary limit as per CBDT circular.

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 & Shri L.P. Sahu

Hearing: 10.10.2017Pronounced: 10.10.2017

ORDER Per L.P. Sahu, A.M. : This appeal by the Revenue arises out of the order passed by the CIT(A)- III, New Delhi dated 30.10.2014 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 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.

3.

None is present on behalf of the assessee. After going through the material on record, we find that the above circular of CBDT on pecuniary limit

ITA No. 159/Del./2015 2 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.

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