Loading judgment…
No AI summary yet for this case.
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.