ACIT, NEW DELHI vs. M/S. ALFA BHOJ LTD., 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 dismissed the Revenue's appeals. It held that the appeals were filed in contravention of CBDT Circular No. 21/2015, which revised the monetary limit for filing appeals to the ITAT to Rs. 10 lakhs, and this was applicable retrospectively.
What were the facts?
The Revenue filed appeals against the CIT(A)'s orders quashing penalties imposed under Section 271(1)(c). The tax effect involved in these appeals was less than Rs. 10 lakhs.
What were the issues?
Whether the Revenue's appeals are maintainable given the tax effect and the applicability of CBDT Circular No. 21/2015 regarding monetary limits for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SMT DIVA SINGH & SH.PRASHANT MAHARISHI
Date of Hearing 30.03.2016 Date of Pronouncement 06.05.2016 ORDER PER DIVA SINGH, JM These three appeals have been filed by the Revenue assailing the correctness of the separate orderS dated 30.08.2013 of CIT(A)-1, New Delhi pertaining to 2000- 01, 2001-02 & 2007-08 assessment years.
The CIT(A) in the respective aforesaid orders has quashed the penalty u/s 271(1)(c) of Rs.6,73,500/-; Rs. 2.70 Lacs odd and Rs.4,30,500/- in the years under consideration respectively. Mr.K.R.Manjani, Adv. appearing on behalf of the assessee submitted that the departmental appeal is in contravention to the CBDT Circular No.21/2015 dated 10th December, 2015. 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.
I.T.A .No.-5891 to 5893/Del/2013
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 department before Income Tax Appellate Tribunal. Vide para 10 of the aforesaid Circular Para 3 has been made applicable retrospectively. We find that in para 3 in the afore-said circular the CBDT has specifically made clear that in the case of penalty order, the tax effect will mean the quantum deleted or reduced in the order to be appealed against. 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 appeals considering the material available on record.
In the result, the appeals of the Revenue are dismissed.
The order is pronounced in the open court on 06 May, 2016.
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