DCIT, NEW DELHI vs. M/S. TELEXCELL INFORMATION SYSTEMS LTD., NEW DELHI

PDF · subscribers
ITA 4625/DEL/2010Status: DisposedITAT Delhi29 July 2016AY 2005-062 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 was filed in violation of CBDT Circular No. 21/2015, which sets a pecuniary limit for filing appeals. The Board's instructions are binding on tax authorities.

What were the facts?

The Revenue filed an appeal before the ITAT challenging a relief granted to the assessee. The tax effect of the relief was below Rs. 10 lakhs.

What were the issues?

Whether an appeal filed by the Revenue before the ITAT is maintainable when the tax effect is below the pecuniary limit prescribed by CBDT circulars.

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

Date of Hearing 28.07.2016 Date of Pronouncement 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 02.08.2010 of CIT(A)-XIX, New Delhi pertaining to 2005-06 assessment year. The Ld. Sr.DR on considering the impugned order submitted that most of the additions have been confirmed and the appeal is challenging the relief granted to the extent of Rs.17,61,567/- thus the tax effect is well below Rs.10 lakhs. No one was present on behalf of the assessee. Considering the record, we find that the 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 Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities. We hold that the present appeal is not maintainable.

I.T.A .No.-4625/Del/2010

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, 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.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Latest GST High Court judgments

Search GST case law →