ACIT, MEERUT vs. M/S ATS CONSTRUCTION AND MAINTENANCE (P) LTD., NOIDA

Date of Hearing 29.03.2016 Date of Pronouncement 12.05.2016 ORDER PER DIVA SINGH, JM Both these appeals have been filed by the Revenue assailing the correctness of the separate order dated 25.02.2011 of CIT(A), Meerut pertaining to 2005-06 & 2007-08 assessment years on the various ground. 2. The Ld.AR, Mr. Deepak Kapoor appearing on behalf of the assessee, inviting attention to the departmental ground raised submitted that the tax effect in is Rs.9,39,122/- and In ITA No.2315/Del/2015 is Rs.7,50,000/-. Accordingly relying upon the Circular No.21/2015 dated 10th December, 2015 of CBDT the Ld. AR submitted that the departmental appeals are not maintainable. The Ld. CIT. DR, Mr. Ravi Jain fairly conceded that the departmental appeals have been filed wherein the tax effect involved is much less than Rs.10 lakh.

3. We have heard the submissions of the parties on this issue and perused the material on record. We find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by the I.T.A .No.-2314 & 2315/Del/2011 department before Income Tax Appellate Tribunal. Vide para 10 of the aforesaid Circular Para 3 has been made applicable 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, we dismiss the departmental appeal considering the material available on record.