ITO, NEW DELHI vs. SANDEEP KUMAR MITTAL PROP., DELHI

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ITA 5356/DEL/2012Status: DisposedITAT Delhi30 September 2016AY 2008-092 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 noted that CBDT Circular No. 21 of 2015 revised the monetary limit for filing appeals before the Tribunal to Rs. 10,00,000/-. Since the tax effect was below this limit, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2008-09. The tax effect involved in the appeal was less than Rs. 10,00,000/-.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the revised monetary limits prescribed by the CBDT Circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI

Before: SH. H.S. SIDHU & SH. O.P. KANT

Hearing: 27.09.2016Pronounced: 30.09.2016

ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against the order of learned Commissioner of Income Tax(Appeals)-XXVIII, New Delhi, dated 10.07.2012 in relation to assessment year 2008- 09.

2.

We have heard both the parties and perused the relevant material on record. It is noticed that 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. Learned Sr. DR could not controvert the fact that tax effect involved in the appeal is less than Rs.10,00,000/-.

3.

From para 10 of the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with 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 afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit i.e. Rs. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is found to be more than the prescribed limited of Rs. 10 lacs or otherwise.

4.

In the result, the appeal of the Revenue stands dismissed. The decision is pronounced in the open court on 30th Sept., 2016.

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