ITO, NEW DELHI vs. M/S BEAUTEX (INDIA) PVT. LTD., NEW DELHI

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ITA 1440/DEL/2011Status: DisposedITAT Delhi22 December 2015AY 2002-032 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 appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 21/2015. The circular was also noted to apply retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2002-03. The tax effect in the appeal was below the monetary limit specified by a CBDT circular.

What were the issues?

Maintainability of Revenue's appeal due to tax effect below the prescribed monetary limit as per CBDT circular.

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 ‘A’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY & SHRI A.T.VARKEY

ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue directed against the order of the Ld.Commissioner of Income Tax (Appeals)-V, New Delhi dated 11.1.2011 pertaining to the Assessment Year (A.Y.) 2002-03. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.).

2.

We are of the opinion that the Circular of the CBDT results in the revenue appeal 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 appeal and have found that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only). 2.1. Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal 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.

2.2. 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 a 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, this order will be recalled and the appeal restored for fresh disposal on merits.

3.

In the result Revenue’s appeal is dismissed. Order pronounced in the Open Court on 22nd December, 2015.

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