ITO, NEW DELHI vs. SHRI DEEN DAYAL GOEL, NEW DELHI

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ITA 1362/DEL/2013Status: DisposedITAT Delhi11 March 2016AY 2004-052 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 held that the CBDT circular is binding on the tax authorities. As the tax effect was below the prescribed monetary limit, the appeal was not maintainable.

What were the facts?

The Department filed an appeal before the ITAT. At the hearing, the Department's counsel pointed out a CBDT circular revising the monetary limit for filing appeals. The tax effect in this appeal was below the revised limit.

What were the issues?

Whether the appeal filed by the Department is maintainable given the revised monetary limits prescribed by the CBDT for filing appeals.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI

Before: SHRI A.T.VARKEY & SHRI PRASHANT MAHARISHI

For Respondent: Adv Sh. Gurjeet Singh, CA
Hearing: 21/01/2016Pronounced: 11/03/2016

Date of Hearing 21/01/2016 Date of pronouncement 11/03/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 19.12.2012 of ld CIT(A)-XIII, New Delhi for the Assessment Year 2004-05.

2.

At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.21/2015 dated 10th December, 2015 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

3.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 10.12.2015 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :-

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