ACIT, MEERUT vs. MRS SUNITA SHARMA, MEERUT
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal based on CBDT Circular No. 21/2015, as the tax effect was below the threshold. The dismissal was without prejudice to the Revenue's right to file a miscellaneous application if the tax effect was higher or exceptions applied.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order for AY 2007-08. Despite notice, the assessee did not appear. The Revenue's counsel conceded that the tax effect was below Rs. 10 lakhs.
What were the issues?
The primary issue was whether the appeal should be dismissed due to a low tax effect, as per CBDT circulars, without adjudicating on the merits of the case.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “G” BENCH,
Before: SHRI R.K. PANDA & SMT. BEENA A. PILLAI
PER R.K. PANDA, ACCOUNTANT MEMBER:-
This appeal filed by the Revenue is directed against the order dated 28.06.2010 of the CIT(A), Meerut relating to A.Y. 2007-08.
Despite service of notice, none appeared for and on behalf of the assessee. Therefore, this appeal is being decided on the basis of material available on record and after hearing the ld. DR.
The ld. Counsel for the Revenue fairly conceded that the tax effect on the ground raised by the Revenue is below Rs. 10 lakhs. Therefore, in view of the Circular No. 21/2015 of CBDT dated 10th December 2015 we find that prima facie, the tax effect involved in this appeal by the Revenue is below Rs. 10.00 lakhs and, therefore, we deem it proper to dismiss the appeal particularly because the pending appeal is covered by Para 10 of the Circular.
However, we may clarify that, if on receipt of this order, the Assessing Officer finds that the tax effect is above Rs.10 lakhs or in any other manner, the Circular is not applicable in view of exceptions culled out in the Circular, he will be at liberty to file miscellaneous application for recalling of this order which the Tribunal will consider in accordance with law. We further find considerable force in the contention of the CIT/DR that this order cannot be considered as an acceptance by the Revenue on the issue involved in these appeals and will not be an estoppel for the Revenue to take up the issue before ITAT on merits if the tax effect in those years is more than Rs.10 lakhs. With these directions we deem it proper to dismiss the appeal in the light of the Circular No. 21/2015 of CBDT dated 10th December 2015. Accordingly, without going into merits of the case, we dismiss the instant appeal filed by the Revenue as tax effect in this appeal is less than Rs.10 lakhs.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court at the time of hearing itself i.e. on 12.04.2017.
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