What did the Tribunal hold?

The Tribunal held that the CBDT circular, which states that appeals will not be filed if the tax effect is less than Rs. 10 lakhs, is binding on the Department. As the tax effect in this appeal was below the prescribed limit, the appeal was deemed not maintainable.

The Department filed an appeal before the ITAT which was barred by two days. The Revenue requested condonation of delay, which was granted. The Revenue then brought to the Tribunal's attention a CBDT circular revising the monetary limit for appeals.

What were the issues?

Whether the Department's appeal is maintainable in light of the CBDT's revised monetary limits for filing appeals before the Tribunal, and whether the delay in filing the appeal should be condoned.

ITO vs Punjab National Bank, Raebareilly | ITAT Delhi 2016

Income Tax Appellate Tribunal, DELHI BENCH “F ”: NEW DELHI

Before: SHRI H . S. SIDHU & SHRI PRASHANT MAHARISHI

For Respondent: Shri Sravan Gotru Sr. DR

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 :-

ITO (TDS), MORADABAD vs. PUNJAB NATIONAL BANK, RAEBAREILLY

What did the Tribunal hold?

What were the facts?

What were the issues?

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