ACIT, GHAZIABAD vs. SHRI ROHTASH SINGH, GHAZIABAD

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ITA 4664/DEL/2012Status: 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 based on CBDT Circular No. 21/2015, which mandates that appeals with a tax effect below Rs. 10 lakhs should not be filed. The assessee's cross-objection was rendered infructuous.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2008-09. The tax effect in the appeal was less than Rs. 10 lakhs. The assessee also filed a cross-objection.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect as per CBDT circular. The impact of the dismissal on the assessee's cross-objection.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI

Before: SHRI S.V. MEHROTRA : & SHRI KULDIP SINGH :

For Appellant: Shri L.M. Aggrawal CA
For Respondent: Shri Kesang Y. Sherpa Sr. DR, Shri L.M. Aggrawal CA
Hearing: 29/12/2015

Heard together (2 matters)

C.O. No. 137/Del/2013
ITA no. 4664/Del/2012

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

\IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI KULDIP SINGH : JUDICIAL MEMBER Asstt. Yr: 2008-09 Asstt. Commissioner of Vs. Rohtash Singh, Income-tax,Circle-2, B-804, Jyoti Super Gardenia, Ghaziabad. 2-Mall Road, Ahimsa Khand-II, Indira Puram, Ghaziabad. PAN: AIGPS 2022 N AND C.O. No. 137/Del/2013 ( In Asstt. Yr: 2008-09 Rohtash Singh, Vs. Asstt. Commissioner of B-804, Jyoti Super Gardenia, Income-tax,Circle-2, 2-Mall Road, Ahimsa Khand-II, Ghaziabad. Indira Puram, Ghaziabad. ( Appellant ) (Respondent) Department by : Shri Kesang Y. Sherpa Sr. DR Assessee by : Shri L.M. Aggrawal CA Date of hearing : 29/12/2015. Date of order : 03/02/2016. O R D E R PER S.V. MEHROTRA, A.M:

The captioned appeal, by the revenue and the cross-objection by the assessee are direct against the order dated 13.06.2012, passed by the ld. CIT(A), Ghaziabad, relating to A.Y. 2008-09.

2.

Brief facts of the case are that the assessee had filed return of income declaring total income of Rs. 8,21,620/-. The assessment was completed at a total income of Rs. 34,13,021/-. Therefore, prima facie, the tax effect in the present appeal is less than Rs. 10 lakhs.

3.

The recent CBDT Circular No. 21/2015 dated 10.12.2015 stipulates that no departmental appeal, involving tax effect below Rs.10 lakhs, shall be filed before the ITAT. Para 10 of the Circular specifies that such instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakh may be withdrawn/not pressed. 4. Ld. DR could not controvert the aforementioned factual position. He, however, referring to clarification given in paragraph 7 of the Circular, submitted that withdrawal of the appeal by the Revenue on account of low tax effect should not be considered as a precedent in the subsequent years of the acceptance of issues involved in this 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 this Circular, the same should be decided on merits.

5.

Since the tax effect involved in the present departmental appeal is below 10 lakhs, therefore, in view of recent CBDT Circular No. 21/2015 dated 10.12.2015, this appeal is not maintainable in terms of section 268A(1) of the Income-tax Act. However, we may clarify that if on receipt of this order, the Assessing Officer finds that the tax effect involved is above Rs.10 lacs or in any other manner, the circular is not applicable in view of exceptions culled out in the circular, he will be at liberty to take such steps, as deem fit, to recall the order. We also agree with the contention of the learned CIT(DR) that this order would not be considered as an acceptance by the Revenue on the issue involved in this appeal and will not be an estoppel for the Revenue to take up the issue involved in this appeal before the ITAT on merits if the tax effect in those years is more than 10 lakhs.

6.

Keeping in view the aforementioned CBDT Circular and the provisions of section 268A of the Income-tax Act, 1961, without going into merits of the cases, we dismiss the instant appeal filed by the Revenue as tax effect in this appeal is less than Rs.10.00 lacs.

7.

Since we have dismissed the revenue’s appeal, the cross-objection filed by the assessee has become infructuous and stands dismissed accordingly.

8.

In the result, revenue’s appeal as well as assessee’s cross-objections stand dismissed.

Order pronouncement in open court on 03/02/2016.

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