ITO, NEW DELHI vs. M/S. AAKAR DESIGN CONSULTANTS PVT. LTD., NEW DELHI

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ITA 6026/DEL/2015Status: DisposedITAT Delhi08 April 20162 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. Therefore, the appeal filed by the Department was not maintainable as the tax effect was below the prescribed monetary limit.

What were the facts?

The Department filed an appeal before the ITAT. At the time of hearing, the Revenue's counsel pointed out a CBDT circular that stipulated not to file appeals where the tax effect is less than Rs. 10 lakhs. The tax effect in this appeal was below this limit.

What were the issues?

Whether the Department's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC -1/ I(2

Before: SHRI I. C. SUDHIR & SHRI PRASHANT MAHARISHI

For Appellant: Shri S C Malhotra CA
For Respondent: Shri Subhakant Sahu Sr DR
Hearing: 04/02/2016

Assessee by : Shri S C Malhotra CA Revenue by: Shri Subhakant Sahu Sr DR Date of Hearing 04/02/2016 Date of pronouncement 08 /04/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 03.08.2015of ld CIT (A)-I, New Delhi for the Assessment Year 2011-12.

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 :-

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