ACIT (TDS), NOIDA vs. M/S. DHV GLOBAL ENGINEERING CENTRE, NOIDA

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ITA 657/DEL/2014Status: DisposedITAT Delhi11 January 20162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeals were not maintainable as the tax effect did not exceed the monetary limit specified in CBDT Circular No. 21/2015. The circular was also held to apply retrospectively to pending appeals.

What were the facts?

The Revenue filed appeals against the CIT(Appeals) orders for assessment years 2008-09 to 2010-11. The tax effect in these appeals was below the monetary limit prescribed by a CBDT circular.

What were the issues?

Whether the Revenue's appeals are maintainable based on the monetary limit stipulated in CBDT Circular No. 21/2015. Applicability of the CBDT circular to pending appeals.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

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

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

PER A.T. VARKEY, JUDICIAL MEMBER :

1.

These appeals, at the instance of the revenue, are filed against the order of the CIT (Appeals), Noida dated 29.11.2013 for the assessment years 2008-09, 2009-10 & 2010-11.

2.

The tax effect in the appeals 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.).

3.

We are of the opinion that the Circular of the CBDT results in the revenue appeals 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 appeals 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 appeals filed by the Revenue on the ground that the tax effect in the present appeals 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 appeals will be restored for fresh disposal on merits. 6. In the result, the Revenue’s appeals are dismissed. Order pronounced in open court on this 11th day of January, 2016 after the conclusion of the hearing.

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