ITO, NEW DELHI vs. M/S ESS JAY VEE PROCESSORS PVT. LTD., NEW DELHI
What did the Tribunal hold?
The Tribunal held that the appeal was not maintainable due to the low tax effect, as per the CBDT circular. Consequently, the appeal and the cross-objection were dismissed without going into the merits of the case.
What were the facts?
The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect involved in the appeal was less than the revised monetary limit set by the CBDT for filing appeals.
What were the issues?
Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit set by the CBDT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : B : NEW DELHI
Before: SHRI R.S. SYAL, AM & SHRI A.T. VARKEY, JM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
CO No.393/Del/2011 ORDER PER R.S. SYAL, AM: This appeal by the Revenue and the Cross Objection by the assessee arise out of the order passed by the CIT(A) on 23.11.2010 in relation to the assessment year 2005-06.
None one was present for the assessee. We find that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. We further find that as the tax effect involved in the instant appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.10,00,000/-.
From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with CO No.393/Del/2011 retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. Ex conseqeunti we dismiss the instant appeal without going into merits of the case.
The Cross Objection filed by the assessee is in support of the order of the CIT(A). Since the appeal of the Revenue has been dismissed on account of low tax effect, the Cross Objection has become infructuous and the same is dismissed as such.
CO No.393/Del/2011 5. In the result, the appeal of the Revenue as well as the Cross Objection of the assessee stand dismissed.
Order Pronounced in the open Court on 24.02.2016.
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