What did the Tribunal hold?

The Tribunal held that the Revenue's appeals were not maintainable due to the tax effect being below the prescribed monetary limit. The appeals were dismissed on this technical ground.

The Revenue filed appeals against the orders of the CIT(Appeals) for assessment years 2008-09 and 2010-11. The tax effect in these appeals did not exceed the monetary limit specified by a CBDT circular.

What were the issues?

The primary issue was whether the Revenue's appeals were maintainable based on the monetary limit stipulated in a CBDT circular, irrespective of the merits of the case.

DCIT vs Shri Surjit Singh Kohli, Dehradun | ITAT Delhi 2016

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

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

PER A.T. VARKEY, JUDICIAL MEMBER :

These appeals, at the instance of the revenue, are filed against the order of the CIT (Appeals), Dehradun dated 27.02.2015 & 23.04.2013 for the assessment years 2008-09 & 2010-11 respectively.

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

We are of the opinion that the Circular of the CBDT results in the revenue appeals 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 appeals 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 appeals will be restored for fresh disposal on merits.

6. In the result, the Revenue’s appeals are dismissed. Order pronounced in open court on this 24th day of February, 2016.

DCIT, DEHRADUN vs. SHRI SURJIT SINGH KOHLI, DEHRADUN

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