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Income Tax Appellate Tribunal, DELHI BENCH “A” NEW DELHI
Before: SHRI S.V. MEHROTRA : & SHRI SUDHANSHU SRIVASTAVA :
\IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA : JUDICIAL MEMBER & 3652/Del/2011 Asstt. Yrs: 2005-06 & 2006-07 ACIT Central Circle-15, Vs. Anoop Gupta, New Delhi. A-2/14A, Model Town-1, New Delhi. PAN: AAJPG 0479 Q ITA nos. 3653 & 3654/Del/2011 Asstt. Yrs: 2005-06 & 2006-07 ACIT Central Circle-15, Vs. Abhay Gupta, New Delhi. 3641, Mori Gate, Delhi. PAN: ABXPG 4106 H ( Appellant ) (Respondent) Appellant by : Shri Ravi Jain CIT(DR) Assessee by : Shri V.K. Jain CA Date of hearing : 15/02/2016. Date of order : 16/02/2016. O R D E R PER S.V. MEHROTRA, A.M:
These are revenue’s appeals, assailing respective order passed by the ld. CIT(A) in respect of captioned assessees, relating to A.Y. 2005-06 & 2006-07. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.
Ld. CIT(DR) at the outset submitted that, prima facie, the tax effect involved in the captioned appeals is less than Rs. 10 lakhs. Therefore, in terms of CBDT Circular No. 21/2015 dated 10.12.2015, stipulating that the departmental appeal, involving tax effect below Rs.10 lakhs, shall not be filed before the ITAT and further that such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed, the department may be allowed to withdraw the appeals, provided that it should not be considered as a precedent in the subsequent years of the acceptance of issues involved in these appeal and, therefore, if in the subsequent year similar issue arises before the ITAT, where the appeal is above the tax limit, as prescribed in the Board’s Circular, the same should be decided on merits.
After hearing the ld. CIT(DR), the departmental appeals are allowed to be withdrawn in terms of Board’s Circular, referred to above.
In the result, revenue’s appeals stand dismissed, having been withdrawn. Order pronouncement in open court on 16/02/2016.