ITO, NEW DELHI vs. SH. SANCHIT JAIN, NEW DELHI

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ITA 1390/DEL/2014Status: DisposedITAT Delhi23 March 2016AY 2010-112 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 CBDT Circular No. 21 of 2015 revised the monetary limit for filing appeals to the Tribunal to Rs. 10,00,000/- with retrospective effect. Since the tax effect was below this limit, the appeal was dismissed without going into the merits.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) for the assessment year 2010-11. The tax effect involved in the appeal was less than Rs. 10,00,000/-.

What were the issues?

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

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: 16.03.2016Pronounced: 23.03.2016

Appellant by Smt. Anima Barnwal, Sr. DR Respondent by Sh. V. Vishal, Chartered Accountant Date of hearing 16.03.2016 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 17.01.2014 in relation to assessment year 2010-11.

2.

We have heard the 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. Sr. Departmental Representative, although supported the order of the Assessing Officer, but could not . AY: 2010-11 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.

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