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Income Tax Appellate Tribunal, DELHI BENCH “F ”: NEW DELHI
Before: SHRI H . S. SIDHU & SHRI PRASHANT MAHARISHI
Assessee by : None Revenue by: Shri Sravan Gotru Sr. DR. Date of Hearing 07-04-2016 Date of pronouncement 07-04-2016 O R D E R PER PRASHANT MAHARISHI, A. M.
This appeal filed by the Department is directed against the order dated 18.12.2013 of ld CIT (A) Bareilly for the Assessment Year 2009-10.
Appeal is prima facie barred by two days. Before us ld. SR. DR submitted that delay is nominal and has occurred due to procedure of taking approvals. Therefore he prayed that delay may be condoned.
As the delay is just of 2 days and there is no benefit derived by the party in filing appeal late by 2 days which has occurred due to procedures involved in filing of the appeal. Therefore we admit the appeal condoning the delay.
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.
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
Page 2 of 2 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 :-