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Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: SHRI A.T.VARKEY & SHRI PRASHANT MAHARISHI
Assessee by : Sh. B.R.R. Kumar, Sr. DR Respondent by : Sh. S.B. Gupta Date of Hearing 27.01.2016 Date of pronouncement 28.01.2016 O R D E R PER PRASHANT MAHARISHI, A. M.
This appeal filed by the Department is directed against the order dated 23.03.2010 of ld CIT(A)-XXII, New Delhi for the Assessment Year 2002-03.
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.
Ld. DR was fair enough to admit the aforesaid factual position.
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 :-
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