ACIT, NEW DELHI vs. M/S. ELEL HOTELS & INVESTMENT LTD., MUMBAI
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 departmental appeal, noting that the CBDT Circular No. 21/2015 revised the monetary limit for filing appeals to the ITAT to Rs. 10 lakh and this was applicable retrospectively. The circular's instructions are binding on the tax authorities.
What were the facts?
The Revenue filed an appeal against an order of the CIT(A) which deleted an addition of Rs. 24,08,663/-. The tax effect involved in the appeal was less than Rs. 10 lakh.
What were the issues?
The maintainability of the Revenue's appeal before the ITAT in light of the revised monetary limits prescribed by CBDT Circular No. 21/2015.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SMT DIVA SINGH & SHRI L. P. SAHU
Date of Hearing 05.05.2016 Date of Pronouncement 06.05.2016 ORDER PER DIVA SINGH, JM The present appeal has been filed by the revenue assailing the correctness of the order dated 19/12/2013 passed by CIT (A)-I, New Delhi, pertaining to Assessment Year 2009-10.
It was a common stand of the parties before the Bench that the appeal of the Revenue is not maintainable in the light of the CBDT Circular No.21/2015 dated 10th December, 2015 as it is qua the addition of Rs.24,08,663/- deleted in appeal. On consideration of the facts on record and the aforesaid Circular of the CBDT, the Ld. Sr. DR fairly conceded that the departmental appeal has been filed wherein the tax effect involved is much less than Rs.10 lakh.
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.
I.T.A .No.-1081/Del/2014 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. 4. In the result, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 06 of May 2016.
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