ITO WARD -20 (3) vs. ANJU JAIN,

PDF · subscribers
ITA 300/DEL/2008Status: DisposedITAT Delhi28 February 2017AY 1999-20002 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 filed by the Revenue was not maintainable as the tax effect was less than Rs. 10 lakhs, as per CBDT Circular No. 21/2015. The circular's instructions are binding on the department.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition made under Section 68 and a related commission payment. The tax effect in the appeal was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI H.S.SIDHU & SHRI PRASHANT MAHARISHI

Hearing: 28/02/2017Pronounced: 28/02/2017

Assessee by : Sh. SK Jain, DR Revenue by: None Date of Hearing 28/02/2017 Date of pronouncement 28/02/2017 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal filed by the Department is directed against the order of the ld CIT(A)-XXII, New Delhi dated 04/12/2007 for the Assessment Year 1999-2000. 2. The revenue has raised the following grounds of appeal:- “1. The ld CIT(A) erred in law and on facts in deleting the addition of Rs. 1929696/- made by the AO treating the credit entry as accommodation entry in the account of the assessee u/s 68 of the IT Act, 1961.

2. The ld CIT(A) erred in law and on facts in deleting the addition of Rs. 28945/- being the amount of commission paid to purchase the accommodation entry of Rs. 1929696/-.”

3. At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.21/2015 dated 10th December, 2015 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

4. We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 10.12.2015 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :-

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →