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Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI I.C. SUDHIR & SHRI O.P. KANT
ORDER
PER I.C. SUDHIR: JUDICIAL MEMBER At the outset of hearing, the Learned AR raised a preliminary objection against the maintainability of appeal preferred by the Revenue having tax effect below Rs.10 lacs. He also prayed for condonation of delay 2 of three days in preferring the cross objection by the assessee explaining that it was due to the illness of the learned Chartered Accountant who was assigned to prefer cross objection before the ITAT on behalf of the assessee. The Learned AR submitted further that if the appeal preferred by the Revenue is rejected as not maintainable then the assessee will not press the cross objection questioning the validity of initiation of reopening proceedings under sec. 147/148 of the Income-tax Act, 1961.
The Learned Senior DR on the other hand placed reliance on the assessment order in support of the appeal preferred by the Revenue and on first appellate order on the legal issue raised in the cross objection. She, however, did not rebut the contention of the assessee that the appeal preferred by the Revenue is having tax effect below Rs.10 lacs.
In view of the above submissions, we find 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 having statutory force under sec. 268A of the Income-tax Act, 1961. The appeal is accordingly dismissed.
So far as delay the delay of three days in preferring the cross objection by the assessee is concerned, we find that the assessee has been able to explain the delay as the learned CA who was assigned to file the cross 3 objection was unwell. The delay is accordingly condoned. Since the Learned AR has already submitted hereinabove that he will not press the cross objection in case the appeal preferred by the Revenue is dismissed in view of the above referred CBDT Circular, we dismiss the cross objection as such.