ACIT, NEW DELHI vs. SH. RAKESH KUMAR ARORA, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal allowed the revenue to withdraw the appeal based on CBDT Circular No. 21/2015, which stipulates that appeals with a tax effect below Rs. 10 lakhs should not be filed or should be withdrawn.
What were the facts?
The revenue filed an appeal before the ITAT against the order of the CIT(A) for Assessment Year 2006-07. The tax effect involved in the appeal was less than Rs. 10 lakhs.
What were the issues?
The primary issue was whether the revenue's appeal, with a low tax effect, should be withdrawn or pressed based on CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI C.M. GARG: JUDICIAL MEMBER Asstt. Yr: 2006-07 ACIT, Central Circle-2, Vs. Rakesh Kumar Arora, 3rd Floor, ARA Centre, 4/48, Paschim Vihar, Jhandewalan Extn., New Delhi. New Delhi. PAN: AAFPA 7076 H ( Appellant ) (Respondent) Appellant by : Ms. Kesong Y. Sherpa Sr. DR Assessee by : Shri Anil Jain CA Date of hearing : 05/05/2016. Date of order : 09/05/2016. O R D E R PER S.V. MEHROTRA, A.M:
This is revenue’s appeal against the order dated 16.07.2012, passed by the ld. CIT(A)-III, New Delhi in appeal no. 200/09-10, relating to A.Y. 2006-07.
Ld. CIT(DR) at the outset submitted that, prima facie, the tax effect involved in the present appeal is less than Rs. 10 lakhs. Therefore, in terms of CBDT Circular No. 21/2015 dated 10.12.2015, stipulating that the departmental appeal, involving tax effect below Rs.10 lakhs, shall not be filed before the ITAT and further that such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed, the department may be allowed to withdraw the present appeal, provided that it should not be considered as a precedent in the subsequent years of the acceptance of issues involved in this appeals and, therefore, if in the subsequent year similar issue arises before the ITAT, where the appeal is above the tax limit, as prescribed in the Board’s Circular, the same should be decided on merits.
After hearing the ld. CIT(DR) the departmental appeal is allowed to be withdrawn in terms of Board’s Circular, referred to above.
In the result, revenue’s appeal stands dismissed, having been withdrawn. Order pronouncement in open court on 09/05/2016.
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