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Income Tax Appellate Tribunal, DELHI BENCH: ‘FRIDAY/I-2’ NEW DELHI
Before: SH. H.S. SIDHU & SH. O.P. KANT
ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against the order of learned Commissioner of Income Tax(Appeals), dated 13.10.2010 in relation to assessment year 2003-04, raising the following grounds of appeal: i. On the facts & in the circumstances of the case, the learned Commissioner of Income Tax(Appeals) erred in accepting the assessee’s claim that books of accounts have been misplaced during the course of transit from one office to another location, however, it is pertinent to mention here that the assessee has not ever specified as to date on which the books of account have been misplaced and which books of accounts/records have been got misplaced. Even during the course of appellate proceedings, the assessee has failed to furnish such details. ii. On the facts & in the circumstances of the case, the learned Commissioner of Income Tax(Appeals) erroneously failed to adjudicate on the issue of violation of sec. 13(1)(d) r.w.s 11(5) of the Act which has resulted in denial of benefits of sec. 11&12. iii. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing.
2. None present on behalf of the assessee. We have heard learned Departmental Representative and perused the relevant material on record. It is noticed that 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. The ld. Sr. Departmental Representative, although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in the appeal is less than Rs.10,00,000/-.
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/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit i.e. Rs. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case.
In the result, the appeal of the Revenue stands dismissed. The decision is pronounced in the open court on 8th July, 2016.