ITO, NEW DELHI vs. M/S SHREE SAI BABA CONCAST (P) LTD., NEW DELHI

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ITA 3320/DEL/2010Status: DisposedITAT Delhi23 March 2016AY 2002-032 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 noted that the CBDT circular, with retrospective effect, directed the Department not to press appeals where the tax effect is less than Rs. 10,00,000/-. As the tax effect in this appeal was below the prescribed limit, the Tribunal dismissed the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2002-03. The tax effect involved in the appeal was less than Rs. 10,00,000/-. The CBDT had issued a circular revising the monetary limit for filing appeals to the Tribunal.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed based on the revised monetary limit prescribed by the CBDT circular for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘G’: NEW DELHI

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

For Appellant: Smt. Anima Barnwal, Sr. DR
Hearing: 21.03.2016Pronounced: 23.03.2016

Appellant by Smt. Anima Barnwal, Sr. DR Respondent by Sh. J.P. Khurana, CA Date of hearing 21.03.2016 Date of pronouncement 23.03.2016 ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against the order of learned Commissioner of Income Tax(Appeals) dated 23.04.2010 in relation to assessment year 2002-03.

2.

We have heard both the parties and perused the relevant material on record. It is noticed that the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in the appeal is less than Rs.10,00,000/-.

3.

From para 10 of the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit i.e. Rs. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case.

4.

In the result, the appeal of the Revenue stands dismissed.

The decision is pronounced in the open court on 23rd March, 2016.

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