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Income Tax Appellate Tribunal, DELHI BENCHES : H : NEW DELHI
Before: SHRI R.S. SYAL & SHRI SUDHANSHU SRIVASTAVA
PER BENCH: These three appeals by the Revenue and the Cross Objection by the assessee arise out of the orders passed by the CIT(A) in relation to the assessment years 2009-10, 2010-11 and 2004-05.
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 of the Revenue is less than Rs.10,00,000/-, the extant appeals are not , 5737 & 3126/Del/2013 CO No.129/Del/2014 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 appeal is less than Rs.10,00,000/-.
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Circular, we are of the view that the Revenue should have either not filed the present appeals before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit for not filing the appeals.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.
The Cross Objection was not pressed by the ld. AR and the same is, dismissed as such. , 5737 & 3126/Del/2013 CO No.129/Del/2014 5. In the result, the appeals of the Revenue and the Cross Objection of the assessee stand dismissed.
Order Pronounced in the open Court on 28.01.2016.