ACIT, NEW DELHI vs. SHIV SARAN CHAND VED PRAKASH, NEW DELHI

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ITA 5449/DEL/2013Status: DisposedITAT Delhi28 April 2016AY 2005-063 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 found substance in the assessee's preliminary objection. It held that the Revenue's appeals were not maintainable as they violated the CBDT circular, which has statutory force under Section 268A of the Income-tax Act.

What were the facts?

The Revenue filed appeals before the ITAT, but the assessee raised a preliminary objection regarding their maintainability. The objection was based on the tax effect of the appeals being below the threshold stipulated by CBDT Circular No. 21/2015.

What were the issues?

Whether appeals filed by the Revenue are maintainable when their tax effect is below the monetary limit prescribed by the CBDT circular, and if such appeals violate the statutory force of the circular.

Which sections of the Income-tax Act were involved?

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 Suresh Kumar Gupta, Adv
For Respondent: Smt. Anima Barnwal, Sr. DR

Cross Objection Nos. 127 & 128/Del/2014 ( In & 5450/Del/2013) Assessment Years: 2005-06 & 2006-07 Shiv Saran Chand Ved Vs. ACIT, Prakash, Central Circle-03, 2042-Katra Tobacco, , New Delhi. Khari Baoli, New Delhi. (PAN: AAPFS4149B) (Appellant) (Respondent) Assessee by: Shri Suresh Kumar Gupta, Adv. Department by: Smt. Anima Barnwal, Sr. DR Date of hearing : 13 .04.2016 Date of pronouncement: 28:04.2016 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER At the outset of hearing, the Learned AR raised a preliminary objection that the above two appeals preferred by the Revenue having tax effect below Rs.10 lacs are not maintainable since these appeals have been preferred in violation of CBDT Circular No. 21/2015 dated 10.12.2015. He 2 submitted further that if these appeals of the Revenue are dismissed then the assessee will not press the cross objections filed by the assessee.

2.

The Learned Senior DR did not dispute that each of the above appeals preferred by the Revenue is having tax effect below Rs. 10 lacs.

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