ITO, REWARI vs. SHRI HUKAM SINGH, REWARI

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ITA 4554/DEL/2016Status: DisposedITAT Delhi17 November 2016AY 2012-132 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 appeal was filed in violation of CBDT Circular No. 21/2015, which prescribes a pecuniary limit for filing appeals. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in the appeal was below Rs. 10 lakh.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when it violates the pecuniary limits prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-II’ NEW DELHI

Before: SMT DIVA SINGH

Hearing: 02.11.2016Pronounced: 17.11.2016

Appellant by None Respondent by Sh.Naman Sharma, Adv. Date of Hearing 02.11.2016 Date of Pronouncement 17.11.2016 ORDER The present appeal has been filed by the Revenue assailing the correctness of the order dated 20.06.2016 of CIT(A), Rohtak pertaining to 2012-13 assessment year.

2.

At the time of hearing, an adjournment petition was moved on behalf of the assessee and the Revenue stating the that Arguing Counsel is unwell and Ld.Sr.DR is on leave respectively. The adjournments were rejected. In view of the fact that the tax effect in the present appeal is well below Rs.10 lakh. I have considered the material available on record. I find that the appeal has been preferred by the Revenue in violation of Circular No.21/2015 dated 10th December, 2015 of CBDT. By the aforesaid circular, the pecuniary limit for filing the appeal before the ITAT has been prescribed beyond Rs.10 lakh. 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 hold that the appeal is non-maintainable.

3.

In view of the above discussion, the present appeal preferred by the Revenue in violation of CBDT Circular No.21/2015 (cited supra) is not maintainable and hence, the same is dismissed as such making it clear that since the present appeal has not been disposed of on merits, but due to the above reason, this order will not have any judicial precedence. Accordingly, the appeal of the Revenue is dismissed as non-maintainable.

I.T.A .No.-4554/Del/2016 ITO vs Sh.Hukam SIngh

4.

In the result, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 17th November, 2016.

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