ACIT, NEW DELHI vs. M/S G.D. GOENKA PVT. LTD., NEW DELHI

PDF · subscribers
ITA 497/DEL/2013Status: DisposedITAT Delhi13 June 2016AY 2006-072 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 CBDT's circular is binding on the revenue authorities. Since the tax effect in this appeal was below the prescribed limit, the appeal was not maintainable.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order. The Assessing Officer (AO) brought to the Tribunal's attention that the CBDT had issued a circular stating that appeals would not be filed if the tax effect was less than Rs. 10 lakhs.

What were the issues?

Whether the revenue's appeal is maintainable before the Tribunal given the CBDT's monetary limit for filing appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI

Before: SHRI I.C.SUDHIR & SHRI PRASHANT MAHARISHI

Hearing: 28/04/2016Pronounced: 13/06/2016

Assessee by : Sh. T. Vasanthan, Sr. DR Revenue by: Sh. D. K. Singh, Adv Date of Hearing 28/04/2016 Date of pronouncement 13/06/2016 O R D E R PER PRASHANT MAHARISHI, A. M. These are the appeals filed by the revenue against the order of the ld CIT(A)-

1. 1. V, New Delhi dated 16.11.2012 for the Assessment Year 2006-07.

2. At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.21/2015 dated 10th December, 2015 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

3. We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 10.12.2015 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- Sl.No. Appeals in Income-tax matters 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

Recent GST High Court judgments

Search GST case law →