ITO, CHENNAI vs. JAI BHAGWAN GARG & SONS (HUF), CHENNAI

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ITA 1950/CHNY/2014Status: DisposedITAT Chennai08 February 2016AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that CBDT Circular No. 21/2015 instructs withdrawal of appeals with a tax effect below Rs. 10 lakhs. Following this circular, the Revenue cannot proceed with these appeals.

What were the facts?

The Revenue filed appeals against the order of the CIT(A) for assessment year 2008-09. The tax effect in these appeals was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeals should be withdrawn and dismissed based on the CBDT's monetary limit for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 08.02.2016Pronounced: 08.02.2016

आदेश /O R D E R

PER BENCH:

1.

Both the appeals of the Revenue are directed against the order of the Commissioner of Income Tax (Appeals)-II, Chennai, dated 19.02.2014 and pertains to assessment year 2008-09.

2.

On hearing the Ld. Departmental Representative, we find that the tax effect in this case is less than `10 lakhs. The CBDT in its Circular No.21/2015 dated 10.12.2015 instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than `10 lakhs. This Tribunal is of the considered opinion that this Circular of CBDT is binding on the officers of the Department. Therefore, the Revenue cannot proceed further in this appeal. Accordingly, these appeals stand dismissed.

3.

In the result, both the appeals of the Revenue are dismissed.

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