Deputy Commissioner of Income-tax, Circle - 13, New Delhi v. Renu Nanda
[Citation -2016-LL-0920-65]
Citation | 2016-LL-0920-65 |
---|---|
Appellant Name | Deputy Commissioner of Income-tax, Circle - 13, New Delhi |
Respondent Name | Renu Nanda |
Court | ITAT-Delhi |
Relevant Act | Income-tax |
Date of Order | 20/09/2016 |
Assessment Year | 2006-07 |
Judgment | View Judgment |
Keyword Tags | monetary limit • tax effect |
Bot Summary: | During the course of hearing, the Learned counsel for the assessee at the very outset stated that the tax effect in this appeal is less than Rs.10,00,000/- the department ought not to have filed this appeal in view of the circular issued by the CBDT and the provisions contained in Section 268A of the Income Tax Act, 1961. The said section 268 of the Act provides that the Board may issue instruction or directions to the other income-tax authorities fixing monetary limits for not filing the appeals before the Appellate Tribunal or the Courts, said instructions/directions are binding on the income tax authorities. Appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: 3 ITA No. 2569/Del/2013 Renu Nanda S. No Appeals in Income-tax matter Monetary Limit 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed. From Clause 10 of the above said circular it is clear that these instructions are applicable to the pending appeals also 4 ITA No. 2569/Del/2013 Renu Nanda and as per clause 3, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal. |