ACIT, NEW DELHI vs. M/S. HI LINE PENS PVT. LTD., NEW DELHI

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ITA 1170/DEL/2013Status: DisposedITAT Delhi23 February 2016AY 2001-022 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 filed by the Department was not maintainable in view of the CBDT circular revising the monetary limit for filing appeals. Consequently, the assessee's cross-objection was dismissed as infructuous.

What were the facts?

The Department filed an appeal before the ITAT. The assessee's representative pointed out a CBDT circular stating that appeals with a tax effect below Rs. 10 lakhs should not be filed. The tax effect in this appeal was below the stipulated limit.

What were the issues?

Whether the Department's appeal is maintainable when the tax effect is below the monetary limit prescribed by a CBDT circular. The applicability of CBDT circulars to pending appeals.

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: 04/01/2016Pronounced: 23/02/2016

Assessee by : Sh.Robin Rawal, Sr. DR Respondent by: Sh.M.P. Rastogi, Adv Date of Hearing 04/01/2016 Date of pronouncement 23/02/2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 02/09/2012 of ld CIT(A)-XXVII, New Delhi for the Assessment Year 2001-02.

2.

At the outset of the hearing itself, the ld. AR 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. Ld DR also reiterated same facts.

3.

We have heard both the sides on the issue and perused the material. I 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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