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Income Tax Appellate Tribunal, DELHI BENCHES : A : NEW DELHI
Before: SHRI R.S. SYAL, AM & MS SUCHITRA KAMBLE, JM
This appeal by the Revenue and the Cross Objections by the assessee arise out of the order passed by the CIT(A) on 4.1.2012 in relation to the assessment year 2006-07.
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 appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.10,00,000/-.
From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with 2
CO No.204/Del/2012 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Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. Ex conseqeunti we dismiss the instant appeal without going into merits of the case.
The Cross objection filed by the assessee, which is in support of the impugned order, is also dismissed as infructuous.
In the result, the appeal of the Revenue as well as the Cross Objections filed by the assessee stand dismissed.
Order Pronounced in the open Court on 07.01.2016.