ACIT, NEW DELHI vs. SH. BRIJ MOHAN MAHAJAN, NEW DELHI

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ITA 4866/DEL/2011Status: DisposedITAT Delhi12 May 2016AY 2005-062 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 revenue's appeals were not maintainable as per CBDT Circular No. 21/2015, which stipulated that appeals would not be filed if the tax effect was less than Rs. 10 lakhs.

What were the facts?

The revenue filed appeals against the CIT(A)'s order for assessment years 2004-05 and 2005-06. The tax effect in these appeals was below Rs. 10 lakhs.

What were the issues?

Whether the revenue's appeal should be dismissed based on the CBDT's monetary limit for filing appeals, considering the tax effect involved.

AI-generated summary — verify with the full judgment below

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

Before: SMT DIVA SINGH & SHRI PRASHANT MAHARISHI

Hearing: 16/03/2016Pronounced: 12/05/2016

Assessee by : Sh. Ravi Jain, CIT DT Respondent by: Sh. Sarat Kapoor, Adv Date of Hearing 16/03/2016 Date of pronouncement 12/05/2016 O R D E R PER BENCH 1. These are the appeals filed by the revenue against the order of the ld CIT(A)- III, New Delhi dated 18.08.2011 for the Assessment Year 2004-05 and 2005-06.

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

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