DCIT, NEW DELHI vs. SH. GAGAN KHOSLA, DELHI

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ITA 1490/DEL/2014Status: DisposedITAT Delhi08 March 2016AY 2009-102 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 appeal was not maintainable as the tax effect was below the revised monetary limit of Rs. 10 lakhs prescribed by the CBDT circular. Consequently, the assessee's cross-objection was dismissed as infructuous.

What were the facts?

The Department filed an appeal before the ITAT. At the hearing, the Department's representative brought to the Tribunal's attention a CBDT circular revising the monetary limit for filing appeals.

What were the issues?

Whether the Department's appeal is maintainable before the ITAT given the tax effect and the CBDT's revised monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: SHRI H.S.SIDHU & SHRI PRASHANT MAHARISHI

Hearing: 08/03/2016Pronounced: 08/03/2016

Assessee by :Sh.T. Vasanthan, Sr. DR Respondent by: None Date of Hearing 08/03/2016 Date of pronouncement 08/03/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 23.12.2013 of ld CIT(A)-XXII, New Delhi for the Assessment Year 2009-10.

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.

3.

We have heard the ld DR on this 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 :- Sl.No. Appeals in Income-tax matters Monetary Limit(in Rs.) 1. Before Appellate Tribunal 10,00,000 2. Before High Court 20,00,000 3. Before Supreme Court 25,00,000

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