ACIT, UTTAR PRADESH vs. SH. RAJ BAHADUR SIROHI, BULANDSHAHR

PDF · subscribers
ITA 6047/DEL/2015Status: DisposedITAT Delhi08 April 2016AY 1990-912 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 revenue authorities. Since the tax effect in this appeal was below the prescribed limit, the appeal was not maintainable.

What were the facts?

The Department filed an appeal before the ITAT against an order of the CIT(A). At the hearing, the Revenue pointed out a CBDT circular stating that appeals with a tax effect below Rs. 10 lakhs should not be filed.

What were the issues?

Whether the Department's appeal is maintainable before the ITAT given the CBDT's monetary limit for filing appeals.

Which sections of the Income-tax Act were involved?

N/A

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 V Raj Kunnar Adv
For Respondent: Shri Subhakant Sahu Sr DR
Hearing: 04/02/2016

Assessee by : Shri V Raj Kunnar Adv. 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 10.08.2015 of ld CIT (A) Ghaziabad for the Assessment Year 1990-91.

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 Monetary Limit(in matters Rs.) 1. Before Appellate Tribunal 10,00,000 2. Before High Court 20,00,000 3. Before Supreme Court 25,00,000

Recent GST High Court judgments

Search GST case law →