ITO, NEW DELHI vs. SH. KRISHAN SHARMA, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal. It noted that the tax effect involved was less than Rs. 10 lakh, which is the revised monetary limit for filing appeals before the ITAT as per CBDT Circular No. 21/2015, made applicable retrospectively.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 19,39,000/- on account of unexplained expenses. The Revenue also questioned the admission of additional evidence by the CIT(A).
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the revised monetary limits for appeals before the ITAT as per CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-3’ NEW DELHI
Before: SMT DIVA SINGH
ORDER The present appeal has been filed by the Revenue assailing the correctness of the order dated 12.02.2015 of CIT(A)-15, Delhi pertaining to 2010-11 assessment year on the following grounds:
– 1. “Whether on the facts and circumstances of the case and in law Ld.CIT(A) has erred in admitting additional evidence without assigning any reason even as none of the conditions in Rule 46A are fulfilled by the assessee.
2. Whether on the facts and circumstances of the case and in law Ld.CIT(A) has erred in deleting addition of Rs.19,39,000/- on account of unexplained expenses.”
2. No one was present on behalf of the assessee. Considering the amount at stake for the Revenue, Ld. Sr. DR was required to address Circular No.21/2015 dated 10th December, 2015 of CBDT. Considering the same and the facts on record, the Ld. Sr. DR referring to the departmental ground, submitted that considering the tax rates for 1999-2000 AY the tax effect involved is much less than Rs.10 lakh.
I.T.A .No.-2741/Del/2015
Having heard the submissions of the parties on this issue and perused the material on record. I find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by the department before Income Tax Appellate Tribunal. 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, I dismiss the departmental appeal considering the material available on record.
More judgments on Section 268A
- Income Tax Officer, Ajmer vs Hemant Kumar Sharma, AjmerITA 1506/JPR/2026[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Income Tax Officer, Indore vs Aashta Doshi, IndoreITA 789/IND/2025[2024-25]Status: Disposed12 Oct 2026AY 2024-25
- Income Tax Officer Ward -1(2)(3), Ahmedabad vs Khushal Madhavlal Darji, AhmedabadITA 82/AHD/2026[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
Recent GST High Court judgments
Search GST case law →- Basant Kumar Gupta vs. Union Of INDIAPatna · 2 Nov 2026
- M/S Swapnashiyana Homes Developers Private Limited vs. The Union Of INDIAPatna · 2 Nov 2026
- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- Shree Hanumant Steel Traders vs. Assistant CommissionerChhattisgarh · 1 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026