ITO (EXEMPTIONS), HARYANA vs. M/S. ST. LUKE EDUCATIONAL SOCIETY, FARIDABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was filed in violation of CBDT Circular No. 21/2015, which sets a pecuniary limit for filing appeals before the ITAT. Therefore, the appeal was dismissed as non-maintainable.
What were the facts?
The Revenue filed an appeal before the ITAT assailing an order of the CIT(A) for the assessment year 2011-12. The tax effect in the appeal was below Rs. 10 lakh.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT circular on pecuniary limits for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-1: NEW DELHI
Before: SMT. DIVA SINGH
Date of Hearing : 29.08.2016 Date of Order : 21.09.2016
O R D E R The present appeal has been filed by the Revenue assailing the correctness of the order dated 19.08.2015 of CIT(A), Faridabad 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. I have considered the material available on record. I 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, I hold that the appeal is non-maintainable. While so holding, it is made clear that since the present appeal has not been disposed of on merits, but due to the above reason, this order will not have any judicial precedence. Accordingly, the appeal of the Revenue is dismissed as non-maintainable.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on this 21st day of September, 2016.
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