DCIT, NEW DELHI vs. SH. JUGAL KISHORE MALHAN, NEW DELHI

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ITA 2399/DEL/2011Status: DisposedITAT Delhi12 April 2017AY 2007-083 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 held that the appeal was not maintainable due to low tax effect, as per the retrospective CBDT circular. Therefore, the appeal was dismissed as infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT for Assessment Year 2007-08. The appeal was filed despite a CBDT circular that directs the Revenue not to prefer appeals where the tax effect is below Rs. 10,00,000/-.

What were the issues?

The primary issue was the maintainability of the appeal before the ITAT given the low tax effect and the applicability of the CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SH. S. V. MEHROTRA & SMT. BEENA A. PILLAI

For Respondent: Ms. Roli Chaubey, CA
Hearing: 16.03.2017Pronounced: 10.04.2017

ORDER

PER BEENA A PILLAI, JM:

1.

The appellant (hereinafter referred to as 'the Revenue') by filing the aforesaid appeal, sought to set aside the impugned order dated 22.03.2011 passed by Ld. CIT(A), New Delhi qua the Assessment Year 2007-08.

2.

Perusal of the aforesaid appeal filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.21/2015 dated 10th December 2015 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.10,00,000/- and this factual position has been fairly conceded by the Ld. D.R.

3.

On perusal of material on record, CBDT Circular (supra) shows that monetary limit for filing the appeal by the Department before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised and the relevant portion of the aforesaid circular is extracted as under:

"3. Henceforth, appeals/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 matters Limit (Rs.) 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.

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.

In view of the CBDT Circular No.21, dated 10.12.2015 having retrospective effect and what has been discussed above, we are of the considered view that the aforesaid appeal is not maintainable because of low tax effect i.e. less than Rs.10,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous.

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