ITO, NEW DELHI vs. M/S. MODIPON LIMITED, UTTAR PRADESH

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ITA 2179/DEL/2014Status: DisposedITAT Delhi08 August 2016AY 2004-053 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 Department's appeal was not maintainable as the tax effect was less than Rs. 10,00,000/-, which is the monetary limit for appeals before the Tribunal as per CBDT Circular No. 21/2015. The Tribunal noted that the Department should have withdrawn or not pressed the appeal.

What were the facts?

The Department appealed an order of the CIT(A) that deleted an addition of Rs. 25,39,000/- made by the AO. The appeal was filed for assessment year 2004-05.

What were the issues?

Whether the Department's appeal is maintainable before the Tribunal given the tax effect and CBDT circulars. The underlying issue of proportionate disallowance of expenses attributable to exempt income was not adjudicated on merits.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

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

Before: SHRI H.S. SIDHU & SHRI O.P. KANT

This appeal by the Department is directed against the Order dated 28.1.2014 of Ld. CIT(A)-VIII, New Delhi pertaining to assessment year 2004-05 on the following grounds:-

1.

Whether on the facts and circumstances of the case and in law,

the Ld. CIT(A) erred in deleting the addition to Rs.

25,39,000/- made by the AO on account of proportionate disallowance out of expenses attributable to exempt income as per provisions of section 14A of I.T. Act?”

2. That the order of the Ld. CIT(A) is erroneous and is not tenable of 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 appeal or at the time of hearing of the appeal.

2.

We have heard both the parties and perused the material on record. 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. Keeping in view the CBDT Instruction No. 21/2015 dated 10th 4.

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 08/08/2016.

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