ITO WARD 5 (2) vs. MODI ENTERTAINMENT (P) LTD,

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ITA 3053/DEL/2007Status: PendingITAT Delhi29 July 2016AY 2004-20052 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 it violated the CBDT circular regarding pecuniary limits for filing appeals. The appeal was dismissed on this technical ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) which granted partial relief. The tax effect of the relief granted was below the pecuniary limit prescribed by CBDT circular for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the pecuniary limits prescribed by CBDT circulars for appeals before the ITAT.

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 BENCH: ‘D’ NEW DELHI

Before: SMT DIVA SINGH & SH.L.P.SAHU

For Appellant: Ms. Anima Barnwal, Sr.DR
Hearing: 28.07.2016Pronounced: 29.07.2016

ORDER

PER DIVA SINGH, JUDICIAL MEMBER

1.

The present appeal has been filed by the Revenue assailing the correctness of the order dated 24.03.2007 of CIT(A)-VIII, New Delhi pertaining to 2004-05 assessment year. It was a common stand of the parties before the Bench that by the partial relief granted the CIT(A) wherein the Revenue is aggrieved the tax effect on the deletion of Rs.12 lakhs odd is much below tax effect of Rs. 10 lakhs. On considering the material on record, we find that the contention of the parties is correct. In view thereof we hold that the present appeal has been preferred by the Revenue in violation of Circular No.21/2015 dated 10th December, 2015 of CBDT. By the aforesaid circular the pecuniary limit for filing the appeal before the ITAT has been prescribed beyond Rs. 10 lakhs. Para 3 of the aforesaid Circular has been made applicable vide para 10 retrospectively. Considering the settled legal precedent that the Board’s instructions or directions issued to the Income Tax

I.T.A .No.-3053/Del/2007 Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities. We hold that the appeal is not maintainable.

2.

In view of the above discussion, the present appeal preferred by the Revenue in violation of CBDT Circular No.21/2015 (cited supra) is not maintainable and hence, the same is dismissed as such making it clear that since the present appeal has not been disposed of on merits, but due to the above reason, this order will not have any judicial precedence. Accordingly, the appeal of the Revenue is dismissed as non-maintainable.

3.

In the result, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 29th July 2016.

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