ACIT, NEW DELHI vs. M/S. GANPATI SUGAR LTD., 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 held that the Revenue should not have filed the appeal as the tax effect was below the prescribed monetary limit. Consequently, the department's appeal was dismissed.
What were the facts?
The Revenue filed an appeal before the ITAT. During the hearing, it was noted that the tax effect in the appeal was less than Rs. 10,00,000/-. The CBDT had issued a circular revising the monetary limit for filing appeals before the Tribunal.
What were the issues?
Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect and the CBDT's circular on monetary limits for appeals.
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-1’, NEW DELHI
Before: Sh. N. K. Saini
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-1’, NEW DELHI Before Sh. N. K. Saini, Accountant Member Asstt. Year : 2011-12 Asstt. Commissioner of Income Vs M/s Ganpati Sugar Ltd., tax, Central Circel-3, D-143, Defence Colony, New Delhi New Delhi-110024 (APPELLANT) (RESPONDENT) CO No. 179/Del/2015 : Asstt. Year : 2011-12 M/s Ganpati Sugar Ltd., Vs Asstt. Commissioner of UG-03, Ansal Majestic Tower, Plot No. Income tax, Central Circel-3, 17, G Block, Commercial Complex, New Delhi Vikas puri, New Delhi-110018 (APPELLANT) (RESPONDENT) PAN No. AAACG4670K Assessee by : None Revenue by : Sh. A. Sreenivasa Rao, Sr. DR Date of Hearing : 30.06.2016 Date of Pronouncement : 30.06.2016 ORDER
The appeal filed by the department and Cross Objection by the assessee are directed against the order dated 19.09.2014 of ld. CIT(A)-I, New Delhi.
During the course of hearing, the ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in this appeal is less than Rs.10,00,000/-.
CO No. 179/Del/2015 Ganpati Sugar Ltd.
After considering the submissions of the ld. D.R. and the material on record, it is noticed that Section 268A has been inserted by the Finance Act, 2008 with retrospective effect from 01/04/99. The said section 268 of the Act provides that the Board may issue instruction or directions to the other income-tax authorities fixing monetary limits for not filing the appeals before the Appellate Tribunal or the Courts, said instructions/directions are binding on the income tax authorities.
It is noticed that the CBDT has issued Circular No.21 of 2015 dated 10.12.2015, vide which it has revised the monetary limit to Rs.10,00,000/- for not filing the appeal before the Tribunal. The relevant portion of the said circular reads as under: “…………………….. ……………………... 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: S. No Appeals in Income-tax matter Monetary Limit (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary CO No. 179/Del/2015 Ganpati Sugar Ltd. limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. ………………………… ………………………… 9. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case.
This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”
From Clause 10 of the above said circular it is clear that these instructions are applicable to the pending appeals also and as per clause 3, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than
CO No. 179/Del/2015 Ganpati Sugar Ltd. Rs.10,00,000/-. These instructions are operative retrospectively to the pending appeals.
Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal.
Since, the appeal of the department out of which the Cross Objection arose has been dismissed. Therefore, the Cross Objection of the assessee becomes infructuous and accordingly dismissed.
In the result, the appeal of the department and Cross Objection of the assessee are dismissed. (Order Pronounced in the Court on 30/06/2016)
More judgments on Section 268A
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- 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
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