What did the Tribunal hold?

The tribunal dismissed the departmental appeal as withdrawn. This was in accordance with the Board circular directing that appeals with a tax effect below Rs. 10 lacs should not be filed or pressed.

The revenue filed an appeal before the ITAT. The tax effect in the departmental appeal was below the monetary limit of Rs. 10 lacs prescribed by a Board circular. The Ld. DR admitted this fact.

What were the issues?

Whether the departmental appeal should be withdrawn or not pressed in light of the Board circular regarding monetary limits for filing appeals.

ITO vs Smt. Ritu Sharma, New Delhi | ITAT Delhi 2017

Income Tax Appellate Tribunal, DELHI BENCH - ‘F’ NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISH

For Respondent: Shri Nipun Mittal, CA

Hearing: 25/05/2017Pronounced: 25/05/2017

This appeal by the revenue has been directed against the order of Ld. CIT (A) 14, New Delhi dated 30th November, 2016 for assessment. year 2010-11.

According to the Board circular No. 21/15 dated 10th December, 2015, it was directed that the departmental appeals shall not be filed before the appellate Tribunal in cases where the tax effect does not exceed the monetary limit of Rs. 10 lacs. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in Page 1 of 2 the Tribunal. Pending appeals below the specific tax limit may be withdrawn / not pressed. It is admitted fact that in the departmental appeal the tax effect is below Rs. 10 lacs . Ld. DR in view of the Board circular above withdrew the departmental appeal. The departmental appeal is accordingly dismissed as withdrawn.

Pronounced in the Open Court.

ITO, NEW DELHI vs. SMT. RITU SHARMA, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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