DCIT, SONEPAT vs. M/S. CRYSTAL PHOSPHATES LTD., SONEPAT

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ITA 3677/DEL/2010Status: DisposedITAT Delhi02 March 2016AY 2007-082 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 Revenue's appeal was not maintainable due to the low tax effect, as per the CBDT circular. The circular was also applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2007-08. The tax effect in dispute was below the monetary limit specified by CBDT Circular No. 21/2015.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the monetary limit prescribed by a CBDT circular.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.S. SYAL & SHRI A.T. VARKEY

For Appellant: Shri Shailesh Gupta, CA

PER A.T. VARKEY, JUDICIAL MEMBER :

1.

This appeal, at the instance of the revenue, is filed against the order of the CIT (Appeals), Rohtak dated 04.06.2010 for the assessment year 2007-08.

2.

The tax effect in the appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in Circular No.21/2015 dated 10th December,2015, F.No.279/Misc./142/2007-ITJ(Pt.).

3.

We are of the opinion that the Circular of the CBDT results in the revenue appeal being not maintainable. Further this CBDT Circular, at para 10 specifies that the Instruction will apply retrospectively, to all pending appeals. We have examined the grounds of appeal and have found that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Rupees Ten lakhs only).

4. Hence we dismiss the 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.) 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 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, the order will be recalled and the appeal will be restored for fresh disposal on merits.

6.

In the result, the Revenue’s appeal is dismissed. Order pronounced in open court on this 2nd day of March, 2016 after the conclusion of the hearing.

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