DCIT, NEW DELHI vs. M/S. INTERNATIONAL ZIP FASTENERS PVT. LTD., DELHI

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ITA 6055/DEL/2013Status: DisposedITAT Delhi05 May 2016AY 2004-052 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 CBDT circular is binding on the tax authorities. Since the tax effect in the present appeal was less than Rs. 10 lakhs, the appeal was not maintainable.

What were the facts?

The Department filed an appeal before the ITAT. At the time of hearing, the Department's representative brought to the Tribunal's attention a CBDT circular that revised the monetary limit for filing appeals. The tax effect in this appeal was below the revised limit.

What were the issues?

Whether the appeal filed by the Department is maintainable in light of the CBDT's revised monetary limits for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

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

Before: I.C.SUDHIR & SHRI PRASHANT MAHARISHI

Hearing: 05/05/2016Pronounced: 05/05/2016

Assessee by : Sh. T. Vasanthan, Sr. DR Respondent by: Sh.Saurav Goel, CA Date of Hearing 05/05/2016 Date of pronouncement 05/05/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 22.08.2013 ld CIT(A)-XV, New Delhi for the Assessment Year 2004-05.

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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