ACIT, NEW DELHI vs. M/S. NIIT LTD., NEW DELHI

The present appeal has been filed by the Revenue assailing the correctness of the order dated 01.08.2012 of CIT(A)-XXXII, Delhi pertaining to 2008 –09 assessment year on the following ground: – 1. “That the Commissioner of Income Tax (Appeals) erred in law and on facts of the case in allowing relief of Rs.11,03,494/- out of total addition of Rs.11,55,150/-.”

Ms. Bhavita Kumar, Advocate present on behalf of the assessee inviting attention to the CBDT latest circular No. 21/2015 dated 10th December, 2015 submitted that the departmental appeal is not maintainable in view of the fact that the tax effect involved is much less than the limit fix therein of Rs. 10 Lacs of the ITAT. Ld. CIT DR, Smt. P. M.Biswas considering the CBDT circular No. 21/2015 dated 10th December fairly submitted that the tax effect involved is much less than Rs. 10 Lacs.

We have heard the submissions of the parties on this issue and perused the material on record. We find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by the department before Income Tax Appellate Tribunal. Para 3 of the aforesaid Circular has been made applicable vide para 10 retrospectively. Considering the settled legal precedent that the Board’s instructions or directions issued to the Income Tax Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities, we dismiss the departmental appeal considering the material available on record.

In the result, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 22nd March, 2016.