ITO, NEW DELHI vs. M/S. GIRIRAJ CONCAST (P) LTD., DELHI

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ITA 5182/DEL/2012Status: DisposedITAT Delhi07 April 2016AY 2002-022 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 dismissed the appeal filed by the Revenue as it did not meet the monetary limit prescribed by the CBDT circular. The Tribunal noted that the order could be recalled via a miscellaneous application if there was a mistake.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2002-03. The tax effect in the appeal was below the monetary limit specified by CBDT Circular No. 21/2015.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect below the prescribed monetary limit by CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A,Section 254(2)

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri T. Vasanthan, Sr. DR

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

1.

This is an appeal filed by the Revenue directed against the order dated 04.07.2012 of Ld.CIT(A)-XV, New Delhi for Assessment Year 2002-03.

2.

The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December, 2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961. Further in this CBDT Circular, at para 10 it is specified that the Instruction will apply retrospectively, to all pending appeals. 3. The Ld. D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).

4.

None appeared for the assessee.

5.

Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable. 6. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular, the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits. 7. In the result, the Revenue’s appeal is dismissed. Order pronounced in the Open Court on 07.04.2016. Sd/- Sd/- (J.S. REDDY) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: the 7th of April, 2016 ‘GS’ Copy forwarded to: -

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