M/S. DCIT, NEW DELHI vs. SHRI SANDEEP KUMAR PRUTHI, MUMBAI

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ITA 983/DEL/2013Status: DisposedITAT Delhi30 March 2016AY 2006-073 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as it was filed in violation of CBDT Circular No. 21/2015, which sets monetary limits for appeals. The objection raised by the assessee was concurred with.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made on account of unexplained investment. The tax effect of the appeal was below Rs. 10 lacs.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when its tax effect is below the threshold prescribed by CBDT circulars, which have statutory force.

Which sections of the Income-tax Act were involved?

Section 69,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI

Before: SHRI I.C. SUDHIR & SHRI O.P. KANT

For Appellant: Shri Sankalp Sharma, Adv
For Respondent: Smt. Parmita M. Vishvas, CIT(DR), Shri Sankalp Sharma, Adv

ORDER

PER I.C. SUDHIR: JUDICIAL MEMBER At the outset of hearing, the Learned AR pointed out that the present appeal having tax effect below Rs. 10 lacs has been preferred by the Revenue in violation of CBDT Circular No. 21/2015 dated 10.12.2015, hence, it is not maintainable. 2. The Learned CIT(DR) did not dispute the above submission on preliminary objection raised by the Learned AR. She, however, placed reliance on the assessment order in support of the ground raised in the appeal.

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