ITO, NEW DELHI vs. M/S CUBE INDICUS ADVERTISING (P) LTD., NEW DELHI

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ITA 2092/DEL/2011Status: DisposedITAT Delhi28 January 2016AY 2007-082 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Department was not maintainable as the tax effect was below the prescribed monetary limit of Rs. 10 lakhs as per CBDT Circular No. 21/2015. Consequently, the assessee's cross-objection was dismissed as infructuous.

What were the facts?

The Department filed an appeal before the ITAT. The assessee pointed out that the tax effect was below the monetary limit prescribed by CBDT Circular No. 21/2015 for filing appeals. The Department's counsel admitted this fact.

What were the issues?

Whether an appeal filed by the Department is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by a CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI

Before: SHRI A.T.VARKEY & SHRI PRASHANT MAHARISHI

Hearing: 27.01.2016Pronounced: 28.01.2016

Assessee by : Sh. B.R.R. Kumar, Sr. DR Respondent by : None Date of Hearing 27.01.2016 Date of pronouncement 28.01.2016 O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal filed by the Department is directed against the order dated 22.02.2011 of ld CIT(A)-VI, New Delhi for the Assessment Year 2007-08.

2.

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.

3.

Ld. DR was fair enough to admit the aforesaid factual position.

4.

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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