ACIT, NEW DELHI vs. SHRI MOHD. SHAH ALAM, NEW DELHI

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ITA 5450/DEL/2011Status: DisposedITAT Delhi03 February 2016AY 2008-093 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 dismissed the Revenue's appeal as the tax effect was below the prescribed monetary limit. Consequently, the assessee's Cross Objection was rendered infructuous and also dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee also filed a Cross Objection. The tax effect in the Revenue's appeal was below the monetary limit prescribed by CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect is below the monetary limit specified by CBDT circulars. Whether the assessee's Cross Objection is maintainable if the main appeal is dismissed.

Which sections of the Income-tax Act were involved?

Section 268A,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & SH. SUDHANSHU SRIVASTAVA

PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue directed against the order dt. 12.09.2011 of Ld.CIT(A)-XXVII, New Delhi for Assessment Year 2008-09. The assessee has filed a Cross Objection. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961. Further in this CBDT Circular, at para C.O. No. 10/Del/11 A.Y. 2008-09 Mohd. Shah Alam.

10 it is specified that the Instruction will apply retrospectively, to all pending appeals. 2. The Ld.D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).

2.1. Hence we dismiss this appeal 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.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable.

2.2. 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 a 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, this order will be recalled and the appeal restored for fresh disposal on merits. 3. Since we have dismissed the Revenue’s appeal, the C.O. filed by the assessee has become infructuous and is dismissed as such.

4.

In the result the Revenue’s appeal as well as the assessee’s Cross Objection both are dismissed.

Order pronounced in the Open Court on 03rd February, 2016.

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