DCIT, NEW DELHI vs. XOIL LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeals filed by the Revenue were not maintainable as the tax effect in each appeal was less than the revised monetary limit of Rs. 10,00,000/- for filing appeals before the Tribunal, as per CBDT Circular No. 21 of 2015. The cross-objections filed by the assessee were not pressed.
What were the facts?
The Revenue filed seven appeals before the ITAT, and the assessee filed an equal number of cross-objections. The appeals pertained to assessment years 2006-07 to 2012-13.
What were the issues?
Whether appeals filed by the Revenue are maintainable when the tax effect is below the prescribed monetary limit for filing appeals before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : H : NEW DELHI
Before: SHRI R.S. SYAL, AM & SMT. BEENA A. PILLAI, JM
to 5395/Del/2015 CO Nos.12 to 18/Del/2016 ORDER PER BENCH:
These seven appeals by the Revenue and equal number of Cross objections by the assessee relate to the assessment years 2006-07 to 2012-13.
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 filed by the Revenue is less than Rs.10,00,000/- each, the same are not maintainable. The ld. D.R., although supported the orders of the Assessing Officer, but could not controvert the fact that tax effect involved in these appeals is less than Rs.10,00,000/- each. to 5395/Del/2015 CO Nos.12 to 18/Del/2016 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Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit for not filing the appeals.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 the case.
The Cross objections filed by the assessee were not pressed by the ld. AR. The same are also dismissed. to 5395/Del/2015 CO Nos.12 to 18/Del/2016 5. In the result, the appeals of the Revenue and COs of the assessee stand dismissed.
Order pronounced in the open Court on 20.01.2016.
More judgments on Section 268A
- Income Tax Officer, Ajmer vs Hemant Kumar Sharma, AjmerITA 1506/JPR/2026[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Income Tax Officer, Indore vs Aashta Doshi, IndoreITA 789/IND/2025[2024-25]Status: Disposed12 Oct 2026AY 2024-25
- Income Tax Officer Ward -1(2)(3), Ahmedabad vs Khushal Madhavlal Darji, AhmedabadITA 82/AHD/2026[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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