ITO, WARD-1(1), DURGAPUR., DURGAPUR vs. SHRI VISHAL RAJDEV, DURGAPUR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, following CBDT Circular No. 21/2015, treated the appeal as withdrawn/not pressed. The circular increased the monetary limit for filing appeals and instructed to withdraw or not press pending appeals below this limit.
What were the facts?
The Revenue preferred an appeal before the ITAT against an order of the CIT(A) for AY 2009-10. The tax effect involved in the appeal was below the revised monetary limit set by the CBDT.
What were the issues?
The primary issue was whether the Revenue's appeal should be dismissed based on the revised monetary limit for appeals stipulated by the CBDT.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA
Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi
Date of concluding the hearing : June 08, 2016 Date of pronouncing the order : June 08, 2016
O R D E R Per Shri P.M. Jagtap :- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Durgapur dated 29.08.2013 for the assessment year 2009-10.
2 At the time of hearing before us fixed today, none has appeared on behalf of the assessee. It is seen that the tax effect involved in this appeal of the Revenue is less than the revised monetary limit recently fixed by the CBDT vide Circular No. 21/2015 dated 10th December, 2015 at Rs.10,00,000/- for filing the appeal by the Revenue before the Tribunal and this position clearly evident from the grounds raised by the Revenue in this appeal is not disputed even by the ld. D.R. In Circular No. 21/2015 ./2013 Assessment year: 2009-2010 Page 2 of 2 (supra) recently issued by the CBDT, the monetary limit for filing the appeal by the Revenue before the Tribunal has been increased to Rs.10,00,000/- and as clarified in the said Circular, the said monetary limit is applicable retrospectively even to the appeals pending before the Tribunal. The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed. Keeping in view the instruction given by the CBDT vide Circular No. 21/2015 dated 10.12.2015, which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.
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