DCIT, NEW DELHI vs. M/S. GENIOUS PROMOTERS & DEVELOPERS PVT. LTD., NEW DELHI

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ITA 1905/DEL/2012Status: DisposedITAT Delhi08 January 2016AY 2006-074 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 appeal was not maintainable in view of CBDT Circular No. 21/2015, which stipulates a monetary limit for filing appeals before the Tribunal. The Department should have withdrawn or not pressed the appeal.

What were the facts?

The Department appealed the deletion of an addition of Rs. 14,91,276/- made by the AO on account of deemed dividend. The tax effect in the Revenue's appeal was found to be less than Rs. 10,00,000/-.

What were the issues?

Whether the Department's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 2(22)(e)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

This appeal by the Department is directed against the Order dated 14.2.2012 of Ld.CIT(A)-XXXIII, New Delhi pertaining to assessment year 2006-07 on the following grounds:- “

1. On the facts and circumstances of the case and in law, the CIT(A) has erred in law and on facts in deleting the addition of Rs. 14,91,276/- made by the AO u/s. 2(22)(e) of the I.T. Act, 1961 on account of deemed dividend.

2. The order of the CIT(A) is erroneous and is not tenable on facts and in law.

3. The appellant craves leave to add, alter or amend any ground of appeal raised above at the time of hearing of the appeal.”

2.

We have heard both the parties and perused the material on record. We find that Revenue in the Grounds of Appeal before the Tribunal has challenged the deletion of addition of Rs. 14,91,276/- vide ground no. 1, as aforesaid.

3.

From the above, we find that the tax effect in the Revenue’s Appeal is less than Rs.10,00,000/-, therefore, the Department’s Appeal is not maintainable, in view of the Circular No. 21/2015 dated 10th December, 2015 issued vide F.No. 279/Misc. 142/2007-ITJ (Pt.) by the CBDT. For the sake of convenience, the relevant para nos. 3 & 10 of the aforesaid CBDT’s Circular are reproduced as under:- “3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: Monetary Limit S No Appeals in Income-tax matters (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.

10.

This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

4.

It is not in dispute that the Board’s instruction or directions issued to the income-tax authorities are binding on those authorities, therefore, the Department should have withdrawn/ not pressed the present Appeal, in view of the aforesaid instructions since the tax effect in the instant Appeal is less than the amount of Rs. 10 lacs, prescribed in the above said CBDT’s Instructions.

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