What did the Tribunal hold?

The Tribunal held that the Department's appeal was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. The cross-objection filed by the assessee was dismissed as infructuous.

The Department filed an appeal before the ITAT. The assessee pointed out that the tax effect in the appeal was below Rs. 10 lakhs, and the CBDT circular instructed not to file appeals below this threshold.

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 the CBDT circular.

ITO vs Sh. Dinesh Goyal, New Delhi | ITAT Delhi 2016

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

Hearing: 11.01.2016Pronounced: 19.01.2016

O R D E R PER PRASHANT MAHARISHI, A. M.

This is an appeal filed by the Department is directed against the order dated 28.11.2013 of ld CIT(A)-XXVII, New Delhi for the Assessment Year 2008-09.

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.

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

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

[1]

ITO, NEW DELHI vs. SH. DINESH GOYAL, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments