DDIT, NEW DELHI vs. MRS. BINA MEHTA, NEW DELHI

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ITA 1864/DEL/2014Status: DisposedITAT Delhi29 January 2016AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as it did not meet the monetary limit prescribed by the CBDT circular for filing appeals. The Tribunal noted that if there was a mistake, the Revenue could file a miscellaneous application.

What were the facts?

The Revenue filed an appeal against the order of the CIT(Appeals) for AY 2009-10. The tax effect in the appeal was below the monetary limit specified by CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect is below the prescribed monetary limit. Applicability of CBDT circulars to pending appeals.

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 ‘A’, NEW DELHI

Before: SHRI H.S. SIDHU & SHRI J. SUDHAKAR REDDY

ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue directed against the order of the Ld.Commissioner of Income Tax (Appeals)-XXIV, New Delhi dated 03.01.2014 pertaining to the Assessment Year (A.Y.) 2009-10.

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 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).

Mrs.Bina Mehta. 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.

In the result Revenue’s appeal is dismissed. Order pronounced in the Open Court on 29th January, 2016.

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