ITO, NEW DELHI vs. SHRI SANJEEV SEHGAL, GURGAON

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ITA 559/DEL/2013Status: DisposedITAT Delhi14 July 2016AY 2005-063 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 noted that CBDT Circular No. 21 of 2015, with retrospective effect, revised the monetary limit for filing appeals to the Tribunal to Rs. 10,00,000/-. Since the tax effect was below this limit, the Revenue should not have filed or should have withdrawn the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2005-06. Neither the assessee nor the Revenue appeared for the hearing. The tax effect in the appeal was less than Rs. 10,00,000/-.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the revised monetary limits prescribed by CBDT circular for filing appeals before the Tribunal.

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 BENCHES : G : NEW DELHI

Before: SHRI H.S. SIDHU, JM & SHRI O.P. KANT, AM

Hearing: 13.07.2016

This appeal by the Revenue arises out of the order passed by the CIT(A) on 06.11.2012 in relation to the assessment year 2005-06.

2.

None appeared on behalf of the assessee and on behalf of the Revenue despite notice.

3.

After having perused the relevant material on record, we find that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. We further find that the tax effect involved in the instant appeal is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Ex conseqeunti we dismiss the instant appeal without going into merits of the case.

4.

In the result, the appeal of the Revenue stands dismissed.

Order Pronounced in the open Court on 14.07.2016.

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