DCIT, NEW DELHI vs. M/S SHREY INFRADEVELOPERS PVT LTD., NEW DELHI

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ITA 5842/DEL/2015Status: DisposedITAT Delhi21 October 2016AY 2011-122 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 as it was filed in violation of the binding CBDT circular. Therefore, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT, but the tax effect was below Rs. 10 lakh. This was in violation of CBDT Circular No. 21/2015, which sets a pecuniary limit for appeals.

What were the issues?

Whether an appeal filed by the Revenue before the ITAT is maintainable when the tax effect is below the pecuniary limit prescribed by a CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI

Before: SMT DIVA SINGH & SH.PRASHANT MAHARISHI

For Respondent: Adv. &
Hearing: 07.09.2016Pronounced: 21.10.2016

Date of Hearing 07.09.2016 Date of Pronouncement 21.10.2016 ORDER

PER DIVA SINGH, JM

1.

The present appeal has been filed by the Revenue assailing the correctness of the order dated 26.08.2015 of CIT(A)-27, New Delhi pertaining to 2011-12 assessment year.

2.

It was a common stand of the parties before the Bench that the tax effect in the present appeal is well below Rs.10 lakh. We have considered the material available on record. We find that the appeal has been preferred by the Revenue in violation of Circular No.21/2015 dated 10th December, 2015 of CBDT. By the aforesaid circular the pecuniary limit for filing the appeal before the ITAT has been prescribed beyond Rs.10 lakh. Para 3 of the aforesaid Circular has been made applicable vide para 10 retrospectively. Considering the settled legal precedent that the Board’s instructions or directions issued to the Income Tax Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities, we hold that the appeal is non-maintainable.

I.T.A .No.-5842/Del/2015

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