What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 21/2015. The assessee did not press their cross-objection.

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the Revenue's appeal was below the monetary limit specified by a CBDT circular.

What were the issues?

Maintainability of the Revenue's appeal based on tax effect and monetary limits set by CBDT circulars. Whether the assessee's cross-objection should be pressed.

DCIT vs Sh. Ranjana Garg, New Delhi | ITAT Delhi 2016

Income Tax Appellate Tribunal, DELHI BENCH ‘B’ : NEW DELHI

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

For Appellant: Shri Rajeev Saxena, Advocate

The appeal by the revenue and the cross objection by the assessee are filed against the order of the CIT (Appeals)-XXXI, New Delhi dated 09.03.2012 for the assessment year 2009-10. 2. The tax effect in the appeal by the Revenue does not exceed the monetary limit of 10th Rs.10 lakhs specified in Circular No.21/2015 dated December,2015, F.No.279/Misc./142/2007-ITJ(Pt.).

./2012 CO No.251/Del./2012 3. We are of the opinion that the Circular of the CBDT results in the revenue appeal being not maintainable. Further this CBDT Circular, at para 10 specifies that the Instruction will apply retrospectively, to all pending appeals. We have examined the grounds of appeal and have found that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Rupees Ten lakhs only).

4. Hence we dismiss the appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) and hence not maintainable.

5. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular, the revenue may file Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, the order will be recalled and the appeal will be restored for fresh disposal on merits.

6. At the time of hearing, the ld. AR did not press the grounds of the cross objection, hence, the cross objection is dismissed as not pressed.

7. In the result, the Revenue’s appeal and the cross objection by the assessee are dismissed. Order pronounced in open court on this 19th day of January, 2016 after the conclusion of the hearing.

DCIT, NEW DELHI vs. SH. RANJANA GARG, NEW DELHI

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