ITO, BULANDSHAHR vs. SH. RAM KUMAR GARG, BULANDSHAHR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was not maintainable as it was filed in violation of the CBDT circular prescribing a pecuniary limit for appeals to the ITAT. The circular has statutory force under Section 268A of the IT Act.
What were the facts?
The Revenue preferred an appeal before the ITAT against an order of the CIT(A) that had restricted an addition to Rs. 1,35,000/-. The appeal was filed after the issuance of CBDT Circular No. 21/2015, which set a pecuniary limit for appeals to the ITAT.
What were the issues?
Whether an appeal filed by the Revenue before the ITAT is maintainable when it violates the pecuniary limits prescribed by the CBDT circular, which has statutory force.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘D’ NEW DELHI
Before: SHRI C.M. GARG & SHRI L.P. SAHU
ORDER Per Bench: It is apparent from record that the present appeal has been preferred by the Revenue against the action of the ld. CIT(A)-Meerut – order dated 29.10.2013 whereby he has restricted the addition to Rs.1,35,000/-. Undisputedly, the present appeal has been preferred by the Revenue in violation of CBDT Circular No. 21/2015 dated 10.12.2015, wherein the pecuniary limit for preferring the appeal by the Revenue before the ITAT has been prescribed beyond Rs.10 lacs. The above circular on pecuniary limit has now statutory force within the provisions of section 268A of the IT Act, hence, the present appeal is not maintainable. The ld. Sr. DR, Ms. Ritu Sharma requested that while dismissing the appeal as not maintainable, it may be made clear that the present order will have no precedential value.
In view of the above discussion, the present appeal preferred by the Revenue in violation of CBDT Circular No. 21/2015 (supra) is not maintainable and hence, it is dismissed as such making it clear that since the present appeal has not been disposed of on merits of the appeal, but due to above reason, it will have no any judicial precedence.
More judgments on Section 268A
- Income Tax Officer, Ajmer vs Hemant Kumar Sharma, AjmerITA 1506/JPR/2026[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Income Tax Officer, Indore vs Aashta Doshi, IndoreITA 789/IND/2025[2024-25]Status: Disposed12 Oct 2026AY 2024-25
- Income Tax Officer Ward -1(2)(3), Ahmedabad vs Khushal Madhavlal Darji, AhmedabadITA 82/AHD/2026[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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