ACIT, NEW DELHI vs. M/S. ANJALA EXHIBITORS PVT. LTD., NEW DELHI

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ITA 1493/DEL/2013Status: DisposedITAT Delhi28 February 2017AY 2003-042 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 CBDT circular is binding on the Revenue authorities. Therefore, the appeal was not maintainable as the tax effect was below the prescribed monetary limit.

What were the facts?

The Revenue filed an appeal before the ITAT. At the hearing, the Revenue pointed out a CBDT circular revising the monetary limit for filing appeals. The tax effect in the present appeal was below the revised limit.

What were the issues?

Whether the appeal filed by the Revenue is maintainable in light of the CBDT circular regarding monetary limits for appeals.

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. Ravi Jain, CIT DR Revenue by: Sh. Ranjan Chopra, CA 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)-IV, New Delhi dated 31.12.2012 for the Assessment Year 2003-04.

2.

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.

3.

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 :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Sl.No. Appeals in Income-tax matters Monetary Limit(in Rs.) 1. Before Appellate Tribunal 10,00,000 2. Before High Court 20,00,000 3. Before Supreme Court 25,00,000

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