ITO, NEW DELHI vs. SHRI VINOD MAHAJAN, NEW DELHI

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ITA 6607/DEL/2015Status: DisposedITAT Delhi29 August 2016AY 2009-104 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 should not have filed the appeal given the low tax effect, as per CBDT instructions. Consequently, the appeal was dismissed without considering the merits of the case.

What were the facts?

The department filed an appeal before the ITAT. During the hearing, the Revenue's representative conceded that the tax effect in the appeal was less than Rs. 10,00,000/-. The ITAT noted the CBDT's circular regarding monetary limits for filing appeals.

What were the issues?

Whether the department's appeal should be entertained when the tax effect is below the prescribed monetary limit set by the CBDT, considering Section 268A of the Income Tax Act.

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 ‘SMC-2’, NEW DELHI

Before: Sh. N. K. Saini

Hearing: 29.08.2016Pronounced: 29.08.2016

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-2’, NEW DELHI Before Sh. N. K. Saini, Accountant Member Asstt. Year : 2009-10 Income Tax Officer, Vs Sh. Vinod Mahajan, Ward-51(4), C-61, Shivaji Park, New Delhi Punjabi Bag, New Delhi (APPELLANT) (RESPONDENT) PAN No. AAJPM0386N Assessee by : None Revenue by : Sh. S. K. Jain, Sr. DR Date of Hearing : 29.08.2016 Date of Pronouncement : 29.08.2016 ORDER

This is an appeal by the department against the order dated 31.08.2015 of ld. CIT(A)-XIV, New Delhi.

2.

During the course of hearing, the ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in this appeal is less than Rs.10,00,000/-.

3.

After considering the submissions of the ld. D.R. and the material on record, it is noticed that Section 268A has been inserted by the Finance Act, 2008 with retrospective effect from 01/04/99. The said section 268 of the Act provides that 2 Vindo Mahajan the Board may issue instruction or directions to the other income-tax authorities fixing monetary limits for not filing the appeals before the Appellate Tribunal or the Courts, said instructions/directions are binding on the income tax authorities.

4.

It is noticed that the CBDT has issued Circular No.21 of 2015 dated 10.12.2015, vide which it has revised the monetary limit to Rs.10,00,000/- for not filing the appeal before the Tribunal. The relevant portion of the said circular reads as under: “…………………….. ……………………... 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: S. No Appeals in Income-tax matter 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. ………………………… ………………………… 3 Vindo Mahajan 9. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. 10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

5.

From Clause 10 of the above said circular it is clear that these instructions are applicable to the pending appeals also and as per clause 3, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. These instructions are operative retrospectively to the pending appeals.

6.

Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income 4 Vindo Mahajan Tax Act, 1961, I am of the view that the Revenue should not have filed the instant appeal before the Tribunal.

7.

In view of the above, without going into merits of the case, the appeal filed by the department is dismissed.

8.

In the result, appeal of the department is dismissed. (Order Pronounced in the Court on 29/08/2016)

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