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Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SMT DIVA SINGH & SHRI L. P. SAHU
ORDER PER DIVA SINGH, JM
The present appeal has been filed by the Revenue assailing the correctness of the order dated 25/02/2013 passed by CIT (A)- XXVI, New Delhi, pertaining to Assessment Year 2009-10, wherein C.O 217/Del/2014 has been filed by the assessee. Apart from that C.O 215 to 216/Del/2014 pertaining to 2007-08 and 2008-09 assessment years have also been field by the assessee in & 2993/Del/2014 which were 2007-08 and 2008-09 assessment years. At the time of hearing, adjournment petition was moved on behalf of the assessee. However, considering the submissions of the Ld. Sr. DR that the departmental appeal can be decided on the basis of tax effect, the application was rejected. The Ld. Sr. DR submitted that in the year under consideration the tax effect is much below Rs.10 lacs and in 2007-08 and 2008-09 assessment years also the position was the same for which purposes the appeals had been dismissed. In these circumstances, it was his submission that the C.Os become infructuous.
We have heard the submissions and perused the material available on record on considering the submission of the Ld. Sr. DR CBDT Circular No.21/2015 dated 10.12.2015 which has revised the monetary limit to Rs.10 lakh for filing the appeal by the 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. The C.Os are accordingly dismissed as infructuous.