ACIT, NEW DELHI vs. M/S. BNT MOTORS (P) LTD., NEW DELHI

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ITA 2820/DEL/2013Status: DisposedITAT Delhi30 March 2016AY 2008-092 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 appeal filed by the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. The circular is binding on the tax authorities.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was less than Rs. 10 lakhs. The CBDT had issued a circular stating that appeals with a tax effect below Rs. 10 lakhs should not be filed.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit by the CBDT circular.

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 “A”: NEW DELHI

Before: SMT DIVA SINGH & SHRI PRASHANT MAHARISHI

Hearing: 30/03/2016Pronounced: 31/03/2016

Assessee by : Sh.Ravi Jain, CIT DR Respondent by: Sh. Somil Agarwal, Adv Date of Hearing 30/03/2016 Date of pronouncement 31/03/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is preferred by the revenue against the order dated 12.02.2013 of ld CIT(A)-V, New Delhi for the Assessment Year 2008-09.

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

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