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Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI G.D. AGRAWAL & SHRI K.N. CHARRY
PER BENCH
These two appeals and the cross objections are emanating from the orders dated 13.05.2014 in appeal no. 129-130/2013-14 passed by the Commissioner of Income Tax (Appeals)-1, New Delhi.
At the outset, learned AR brought to our notice that the facts and the additions are identical for both the assessment years and the quantum involved in these matters is Rs. 32,52,238/- for each year and tax effect on the disputed addition before us is rs. 9,75,671/- i.e. less than Rs. 10 lacs squarely falling with the ambit of Circular No. 21 / 2015 dated 10.12.2015 prescribing the tax effect for preferring appeals before tribunal by the revenue.
After perusing the materials available on record, we find that the additions disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 21 / 2015 dated 10.12.2015 for preferring appeals before tribunal by the revenue.
On perusal of the Circular No. 21 / 2015 dated 10.12.2015 and the materials available on record, Ld. DR could not point out whether this case falls under any of the exception as provided in & 4214/D/2014 & CO Nos. 59 & 60/D/2015 the circular despite specific opportunity was given, does not fall under any of the exceptions contemplated in the said Circular, as this is covered. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. This position has been confirmed by the Hon’ble Apex Court in the case of Commissioner of Customs vs Indian Oil Corporation Ltd reported in 267 ITR 272 (SC). Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No.21 / 2015 dated 10.12.2015.
Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as un-admitted, without going into the merits of the case.
Ld. AR not pressed the cross objections. Hence, they are also dismissed as not pressed.
Hence, the appeals of the Revenue are dismissed.
Order pronounced in the open court on 24.04.2017