ACIT CIRCLE 22 (1) vs. DAMANJIT SINGH,

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ITA 886/DEL/2007Status: DisposedITAT Delhi20 September 2016AY 2003-20043 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 Revenue's appeal was not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit for filing appeals. Consequently, the assessee's cross-objection was dismissed as infructuous.

What were the facts?

The Revenue filed an appeal against the deletion of an addition related to capital gains. The assessee filed a cross-objection. The tax effect in the appeal was below Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect and CBDT circular guidelines. The maintainability of the assessee's cross-objection in light of the appeal's dismissal.

AI-generated summary — verify with the full judgment below

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

Before: SMT DIVA SINGH & SHRI PRASHANT MAHARISHIShri Damanjit Singh,

Hearing: 19/09/2016

Heard together (2 matters)

C.O. No. 176/Del/2007
ITA No.886/Del/2007

Read from the judgment's own cause title. This page is filed under one of them.

PER BENCH.

1.

This is an appeal filed by the revenue and the cross objection is filed by the assessee against the order of the ld CIT(A)-XXIII, New Delhi dated 20.10.2006 for the Assessment Year 2003-04. 2. The revenue has disputed addition of Rs. 930085/- deleted by the ld CIT(A) on account of capital gains on sale of land.

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 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 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 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

5.

We find that the tax effect involves in the appeal of the Revenue is below Rs.10 lakhs. There is no dispute that the Board’s instructions or directions issued to the Income-tax authorities are binding on those authorities, therefore, the Department should have withdrawn/not pressed the present appeal in view of the aforesaid instruction since the tax effect in the instant appeal is less than the amount of Rs.10 lakhs.

6.

In view of the above, Circular No.21 dated 10.12.2015 will apply to all pending appeals. Therefore the precedent, it is held that the appeal is not maintainable in the instant case as the tax effect is less than Rs.10 lakhs. Accordingly, it is held that appeal filed by the revenue is not maintainable.

7.

Since, the appeal of the revenue is dismissed therefore, the Cross objection filed by the assessee becomes infructuous and the same is dismissed.

8.

In the result, appeals filed by the revenue and the cross objection filed by the assessee are dismissed. Order pronounced in the open court on 20/09/2016. - - (DIVA SINGH) ACCOUNTANT MEMBER Dated:20/09/2016 A K Keot

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