ITO, NEW DELHI vs. REMUNERATIVE PROJECT CELL, NEW DELHI

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ITA 1233/DEL/2014Status: DisposedITAT Delhi02 May 20164 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 appeals were not maintainable in view of CBDT Circular No. 21/2015, which mandates that appeals shall not be filed where the tax effect does not exceed Rs. 10,00,000/-. The Tribunal noted that the Revenue should have withdrawn or not pressed these appeals.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) for assessment years 2008-09 to 2010-11. The tax effect in these appeals was less than Rs. 10,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT given the low tax effect, in light of CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI

Hearing: 13/04/2016

ORDER Per H.S. Sidhu, JM: These appeals by the department against the common order dated 24.12.2013 of ld. CIT(A)-XXX, New Delhi pertaining to the assessment years 2008-09 to 2010-11.

2.

In these cases, notice of hearing to the assessee were sent by the Registered AD post, in spite of the same, assessee, nor his authorized representative appeared to prosecute the matter in dispute, nor filed any application for adjournment. Keeping in view the facts and circumstances of the present case and the issue involved in the present Appeal, we are of the view that no useful purpose would be served to issue notice again and again to the assessee, therefore, we are deciding the present appeals exparte qua assessee, after hearing the Ld. DR and perusing the records.

3.

We find that the tax effect in the Revenue’s Appeals are less than Rs.10,00,000/-, therefore, the Department’s Appeals are not maintainable, in view of the Circular No. 21/2015 dated 10th December, 2015 issued vide F.No. 279/Misc. 142/2007-ITJ (Pt.) by the CBDT. For the sake of convenience, the relevant para nos. 3 & 10 of the aforesaid CBDT’s Circular are 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:

1.

Monetary Limit S No Appeals in Income-tax matters (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.

10.

This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

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