ACIT, NEW DELHI vs. MS. NISHU SINGH, NEW DELHI

The ld. Counsel for the assessee stated that the tax effect in the departmental appeal is less than Rs. 10 lacs. She filed a calculation as per which the disputed Nishu Singh Page 1 of 3 tax comes to Rs. 4,20,753/-. It was submitted that in view of the CBDT’s latest circular no. 21/2015 dated 10/12/2015, the appeal was not maintainable.

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

From Clause 10 of the above circular it is clear that these instructions are applicable to the pending appeals also and 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 also.

Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue’s appeal is liable to be dismissed.

In view of the above, without going into merits of the case, we dismiss the appeal filed by the department. Nishu Singh Page 2 of 3 We do, however, add that if on verification of the facts and the calculation of the tax effect, the department feels that the tax effect has been wrongly calculated, department shall be free to move a Miscellaneous Application for the recall of this order.

In the result, appeal of the department is dismissed. Order Pronounced in the Court on 24.08.2016