ITO, NEW DELHI vs. M/S. KAMA HOLDINGS LTD., NEW DELHI

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ITA 5871/DEL/2015Status: DisposedITAT Delhi09 February 2016AY 2010-114 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 Department's appeals were not maintainable due to the low tax effect, following the CBDT circular. The assessee's cross-objections were rendered infructuous and dismissed.

What were the facts?

The Department filed appeals before the ITAT. The assessee's representative pointed out that the tax effect in these appeals was below Rs. 10 lakhs, as per a CBDT circular. The Department's counsel conceded this factual position.

What were the issues?

Whether appeals filed by the revenue are maintainable before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “I-2”: NEW DELHI

Before: SHRI I.C.SUDHIR & SHRI PRASHANT MAHARISHI

For Respondent: Smt. Monika Ghai, Adv
Hearing: 08.02.2016Pronounced: 09.02.2016

Heard together (10 matters)

ITA Nos. 6052/Del/2015
ITA Nos. 6217/Del/2015
ITA Nos. 5711/Del/2015
ITA Nos. 5814/Del/2015
ITA Nos. 5872/Del/2015
ITA Nos. 5762/Del/2015
ITA Nos. 5871/Del/2015
ITA Nos. 5882/Del/2015
ITA Nos. 5883/Del/2015
ITA Nos. 5869/Del/2015

Read from the judgment's own cause title. This page is filed under one of them.

Page 3 of 4 Date of Hearing 08.02.2016 Date of pronouncement 09.02.2016 O R D E R PER BENCH, A. M.

1.

These are the appeals filed by the Department are directed against the different orders of ld CIT(A).

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. He has also filed the computation to show that the tax effect in this case is below Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be dismissed as per the instruction of the CBDT and also submitted that the cross objection preferred by the assessee is not pressed.

3.

Ld. DR was fair enough to admit the aforesaid factual position.

4.

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 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

5.

We find that the tax effect involves in the appeal of the Revenue is below Rs.10 lakhs. There is no dispute that the Board’s instructions or directions issued to the Income-tax authorities are binding on those authorities, therefore, the Department should have withdrawn/not pressed the present appeal in view of the aforesaid instruction sicne the tax effect in the instant appeal is less than the amount of Rs.10 lakhs.

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