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Income Tax Appellate Tribunal, DELHI BENCHES : SMC-I : NEW DELHI
Before: SHRI R.S. SYAL
ORDER This appeal by the Revenue and the Cross Objection by the assessee arise out of the order passed by the CIT(A) on 21.7.2014 in relation to the assessment year 2004-05.
CO NO.145/Del/2015 2. I have heard the rival submissions and perused the relevant material on record. I find that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. I further find that as the tax effect involved in the instant appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.10,00,000/-.
From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, I am of the view
CO NO.145/Del/2015 that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. Ex conseqeunti I dismiss the instant appeal without going into merits of the case.
The Cross Objection filed by the assessee is dismissed as having become infructuous, as admitted by the ld. AR.
In the result, the appeal of the Revenue as well as the Cross Objection of the assessee stand dismissed.
The order pronounced in the open court on 21.06.2016.