DCIT, NEW DELHI vs. XOIL LTD., NEW DELHI

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Circular, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit for not filing the appeals.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.