ACIT, NEW DELHI vs. M/S. ZEUS POWER SOLUTIONS (P) LTD., NEW DELHI

PDF · subscribers
ITA 2111/DEL/2012Status: DisposedITAT Delhi29 January 2016AY 2003-043 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT circular, with retrospective effect, mandates that appeals with a tax effect below Rs. 10,00,000/- should not be pressed or withdrawn. Therefore, the instant appeals are not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT for assessment year 2003-04. The assessee's representative pointed out that the CBDT's circular revised the monetary limit for filing appeals to Rs. 10,00,000/-, and the tax effect in these appeals was below this limit.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the Tribunal given the revised monetary limits for appeals stipulated by the CBDT circular.

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 BENCHES : H : NEW DELHI

Before: SHRI R.S. SYAL & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Shiv Kumar Arora, CA, Shri Rajiv Ranka, Sr. DR
Hearing: 29.01.2016Pronounced: 29.01.2016

PER R.S. SYAL, AM:

1.

These appeals by the Revenue arise out of the orders passed by the CIT(A) in relation to the assessment year 2003- 04.

2.

During the course of hearing, the ld. AR submitted that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. He further submitted that as the tax effect involved in the instant appeals is less than Rs.10,00,000/-, the extant appeals are not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in these appeals is less than Rs.10,00,000/-.

3.

From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit for not filing the appeals. Ex conseqeunti we dismiss the instant appeals without going into merits of these cases.

4.

In the result, the appeals of the Revenue stand dismissed.

Order Pronounced in the open Court on 29.01.2016.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →