What did the Tribunal hold?

The Tribunal noted that the tax effect was below the revised monetary limit of Rs. 10,00,000/- for filing appeals by the Revenue, as per CBDT Circular No. 21/2015. Following the CBDT instructions, the appeal was treated as withdrawn and dismissed.

The Revenue preferred an appeal before the ITAT against an order of the CIT(Appeals). The tax effect involved in the appeal was Rs. 7,77,644/-.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the prescribed monetary limit for filing appeals before the Tribunal.

I.T.O WD - 2, Haldia, Purba… vs Ajabull Khan, Purba Medinipur | ITAT Kolkata 2016

Income Tax Appellate Tribunal, KOLKATA BENCH ‘A’, KOLKATA

Before: Shri P.M.Jagtap, AM & Shri S.S.Viswanethra Ravi, JM]

Hearing: 03.03.2016Pronounced: 03.03.2016

ORDER

Per Shri S.S.Viswanethra Ravi, JM

This appeal preferred by the Revenue is directed against the order dated 26.03.2013 passed by the CIT(Appeals)-XXXIII, Kolkata in Appeal No.155/CIT(A)-XXXIII/ITO for the assessment year 2009-10 framed under section 143(3) of the I.T.Act.

As pointed out by the ld. Counsel for the assessee, at the outset, the tax effect involved in these appeal of the Revenue is Rs.7,77,644/- being 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 2 Ajabull Khan even by the ld. D.R. In Circular No. 21/2015 (supra) recently issued by the CBDT, the monetary limit for filing the appeals 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.

3. In the result, appeal of the department is dismissed.

Order Pronounced in the Open Court on 03.03.2016

I.T.O WD - 2,HALDIA, PURBA MEDINIPUR vs. AJABULL KHAN, PURBA MEDINIPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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