ITO, UTTRAKHAND vs. M/S. SHUBHAM STONE CRUSHER, UTTRAKHAND

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ITA 4259/DEL/2011Status: DisposedITAT Delhi10 March 2016AY 2008-093 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 Revenue's appeal, holding that it was not maintainable due to the low tax effect as per the CBDT circular. The assessee's cross-objection was also dismissed as infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the Revenue's appeal was below the monetary limit prescribed by a CBDT circular.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect is below the prescribed monetary limit. The maintainability of the appeal based on CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A,Section 254(2)

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.D. AGRAWAL & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Smt. Anima Banwal, Sr. DR

Heard together (2 matters)

C.O. No. 196/Del/2012
ITA No. 4259/Del/2011

Read from the judgment's own cause title. This page is filed under one of them.

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

1.

This appeal by the Revenue and Cross Objection by the assessee arise out of the order passed by the learned Ld. CIT(A)-II Dehradun dated 06.07.2011 for Assessment Year 2008-09.

2.

The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December, 2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income & CO No.196/D/12 Assessment Year 2008-09 Tax Act 1961. Further in this CBDT Circular, at para 10 it is specified that the Instruction will apply retrospectively, to all pending appeals.

3.

The Ld. D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).

4.

Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable.

5.

In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular, the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits.

6.

In view of the dismissal of the appeal of the Revenue and the Cross Objection filed by the assessee being only supportive, the same becomes infructuous and is dismissed. & CO No.196/D/12 Assessment Year 2008-09

7.

In the result, both the appeal of the Revenue and Cross Objection of the assessee stand dismissed.

Order pronounced in the Open Court on 10th of March, 2016.

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