ITO(E), Ward-33(3), New Delhi v. Veena Jain
[Citation -2016-LL-0919-38]
| Citation | 2016-LL-0919-38 |
|---|---|
| Appellant Name | ITO(E), Ward-33(3), New Delhi |
| Respondent Name | Veena Jain |
| Court | ITAT-Delhi |
| Relevant Act | Income-tax |
| Date of Order | 19/09/2016 |
| Assessment Year | 2007-08 |
| Judgment | View Judgment |
| Keyword Tags | tax effect • monetary limit |
| Bot Summary: | Date of Hearing 19.07.2016 Date of Pronouncement 19.09.2016 ORDER PER DIVA SINGH, JM The present appeal has been filed by the Revenue assailing the correctness of the order dated 10.01.2014 of CIT(A)-XXI, New Delhi pertaining to 2007-08 assessment year. It was a common stand of the parties before the Bench that the tax effect in the present appeal is well below Rs.10 lakh. We find that the appeal has been preferred by the Revenue in violation of Circular No.21/2015 dated 10th December, 2015 of CBDT. By the aforesaid circular the pecuniary limit for filing the appeal before the ITAT has been prescribed beyond Rs.10 lakh. Considering the settled legal precedent that the Board s instructions or directions issued to the Income Tax Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities, we hold that the appeal is non-maintainable. In view of the above discussion, the present appeal preferred by the Revenue in violation of CBDT Circular No.21/2015 is not maintainable and hence, the same is dismissed as such making it clear that since the present appeal has not been disposed of on merits, but due to the above reason, this order will not have any judicial precedence. Accordingly, the appeal of the Revenue is dismissed as non-maintainable. In the result, the appeal of the Revenue is dismissed. |