ACIT, NEW DELHI vs. SMT. PRABHA SOMANI, NEW DELHI

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ITA 2008/DEL/2015Status: DisposedITAT Delhi11 August 2016AY 2011-123 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 per CBDT Circular No. 21/2015, which stipulates that appeals before the Appellate Tribunal shall not be filed if the tax effect does not exceed Rs. 10,00,000/-. The circular is applicable to pending appeals.

What were the facts?

The Department appealed the deletion of an addition of Rs. 13,70,000/- made on account of undisclosed income. The tax effect in the Revenue's appeal was less than Rs. 10,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the low tax effect, in light of CBDT circulars. The Tribunal also considered the deletion of an addition made under Section 69.

Which sections of the Income-tax Act were involved?

Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI

Before: SHRI H.S. SIDHU & SHRI O.P. KANT, ACOUNTANT MEMBER

This appeal by the Department is directed against the Order dated 30.1.2015 of Ld. CIT(A)-V, New Delhi pertaining to assessment year 2011-12 on the following grounds:- “ (1) That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 13,70,000/- on account of undisclosed income u/s. 69 of the I.T. Act. (2) That the order of the Ld. CIT(A) is erroneous and is not tenable on facts and in law. (3) That the grounds of appeal are without prejudice to each other. (4) That the appellant craves leave to add, alter, amend or forego any ground(s) of the appeal raised above at the time of the hearing.

2.

From the above, we find that the tax effect in the Revenue’s Appeal is less than Rs.10,00,000/-, therefore, the Department’s Appeal is not maintainable, in view of the Circular No. 21/2015 dated 10th December, 2015 issued vide F.No. 279/Misc. 142/2007-ITJ (Pt.) by the CBDT. For the sake of convenience, the relevant para nos. 3 & 10 of the aforesaid CBDT’s Circular are 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: Monetary Limit S No Appeals in Income-tax matters (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.

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.”

3.

It is not in dispute that the Board’s instruction 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 instructions since the tax effect in the instant Appeal is less than the amount of Rs. 10 lacs, prescribed in the above said CBDT’s Instructions.

4.

Keeping in view the CBDT Instruction No. 21/2015 dated 10th December, 2015, we are of the view that the Revenue should have withdrawn/ not pressed the instant appeal before the Tribunal. We are also of the view that the said Instructions are applicable for the pending appeals and appeals to be filed henceforth in Tribunal. Accordingly, the Revenue’s Appeal is dismissed.

5.

In the result, Appeal filed by the Revenue Stands dismissed. Order pronounced in the Open Court on 11/08/2016.

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