ITO, NEW DELHI vs. M/S AG HOLDING (P) LTD., NEW DELHI

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ITA 4895/DEL/2009Status: DisposedITAT Delhi01 April 2016AY 2001-023 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 Revenue's appeal, citing the CBDT Circular No. 21/2015 which revised the monetary limit for appeals. The assessee's cross-objection was dismissed as infructuous.

What were the facts?

The Revenue filed an appeal against an order that annulled proceedings under Section 147. The appeal was filed despite the tax effect being less than Rs. 10 lakh, the revised monetary limit for departmental appeals to the ITAT.

What were the issues?

Whether the Revenue's appeal was maintainable given the low tax effect in light of the CBDT's revised monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI

Before: SMT DIVA SINGH & SH.PRASHANT MAHARISHI

Hearing: 22.03.2016Pronounced: 01.04.2016

ORDER PER DIVA SINGH, JM The present appeal has been filed by the Revenue assailing the correctness of the order dated 30.10.2009 of CIT(A)-IV, Delhi pertaining to 2001- 02 AY. The Cross-objection is filed by the assessee. The departmental grounds read as under:-

I.T.A .No.-4895/Del/2009 1. “On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in law and on facts in annulling the proceedings u/s 147 of the I.T.Act ignoring that:

I.T.A .No.-4895/Del/2009 & C.O.No.56/Del/2010 (a) notice u/s 148 of the Act was issued on 28.01.2008 well before the expiry of limitation date of 31.03.2008. (b) Another notice u/s 148 was issued on 20.03.2008 as Assessee failed to file Return of Income in response to earlier notice u/s 148 issued on 28.01.2008. (c) There is no substance in the contention of Assessee that the address of Assessee Company for A.Y. 2005-06 and 2006-07 clearly mention the address at which notice u/s 148 were sent to the Assessee. (d) There are sufficient proofs on record to show that the notices were correctly and timely served on the Assessee.

2. The appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.”

2.

Considering the amount at stake for the Revenue, both the parties were required to address Circular No.21/2015 dated 10th December, 2015 of CBDT. Considering the same in the facts on record, the Ld. Sr. DR fairly conceded that the departmental appeal has been filed wherein the tax effect involved is much less than Rs.10 lakh.

3.

We have heard the submissions of the parties on this issue and perused the material on record. We find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by the department before Income Tax Appellate Tribunal. Vide para 10 of the aforesaid Circular Para 3 has been made applicable retrospectively. Considering the settled legal precedent that the Board’s instructions or directions issued to the Income Tax Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities, we dismiss the departmental appeal considering the material available on record. The C.O filed by the assessee is dismissed as infructuous. 4. The Ld.AR in view of the same submitted that the C.O. filed by the assessee may dismissed as infructuous. 5. In the result, the appeal of the Revenue and the C.O of the assessee both are dismissed. The order is pronounced in the open court on 01st of April, 2016.

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