ITO, HISAR vs. SH. DEVENDER KUMAR, HISAR

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ITA 6032/DEL/2014Status: DisposedITAT Delhi26 October 2016AY 2009-102 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's instructions are binding on the tax authorities. Since the tax effect in the appeal was less than Rs. 10 lakhs, the appeal was not maintainable as per the circular.

What were the facts?

The Department filed an appeal before the ITAT. At the hearing, the Revenue's counsel brought to the Tribunal's attention a CBDT circular that revised the monetary limit for filing appeals. The tax effect in the present appeal was below the stipulated limit.

What were the issues?

Whether the Department's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SHRI I.C.SUDHIR & SHRI PRASHANT MAHARISHI

Hearing: 25/10/2016Pronounced: 26/10/2016

Assessee by : Sh. Anil Kumar Sharma, Sr. DR Revenue by: None Date of Hearing 25/10/2016 Date of pronouncement 26/10/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 22.08.2014 of ld CIT (A), Rohtak for the Assessment Year 2009-10.

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.

3.

We have heard the ld DR 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 Monetary Limit(in matters 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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