ITO, NEW DELHI vs. M/S. KEE PHARMA LTD., NEW DELHI

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ITA 6393/DEL/2015Status: DisposedITAT Delhi22 March 2016AY 2011-122 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 dismissed the departmental appeal, noting that the CBDT's circular revised the monetary limit for filing appeals to the ITAT to Rs. 10 lakh, and this was applicable retrospectively. Board's instructions are binding on tax authorities.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition made under Section 14A. The tax effect involved in the appeal was less than Rs. 10 lakh.

What were the issues?

Whether the departmental appeal is maintainable given the tax effect and the applicability of CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 14A,Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SMT DIVA SINGH & SH.O.P.KANT

Hearing: 10.03.2016Pronounced: 22.03.2016

Date of Hearing 10.03.2016 Date of Pronouncement 22.03.2016 ORDER

PER DIVA SINGH, JM

1.

The present appeal has been filed by the revenue assailing the correctness of the order dated 02.09.2015 of CIT(A)- 5, Delhi pertaining to 2011 – 12 assessment year wherein the CIT(A) has deleted the addition made by way of disallowance amounting Rs.19,73,497/- made by the AO u/s 14A of the Act.

2.

None was present at the time hearing on behalf of the assessee. Considering the amount at stake for the Revenue, Ld. Sr. DR was required to address Circular No.21/2015 dated 10th December, 2015 of CBDT. Considering the same in the facts on record, the Ld. Sr. DR fairly conceded that the departmental appeal has been filed wherein the tax effect involved is much less than Rs.10 lakh. 3. 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

I.T.A .No.-6393/Del/2015 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.

4.

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

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