ACIT, Circle 28(1), New Delhi v. S.S. Dhanjal
[Citation -2016-LL-1019-148]
| Citation | 2016-LL-1019-148 |
|---|---|
| Appellant Name | ACIT, Circle 28(1), New Delhi |
| Respondent Name | S.S. Dhanjal |
| Court | ITAT-Delhi |
| Relevant Act | Income-tax |
| Date of Order | 19/10/2016 |
| Assessment Year | 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98,1998-99, 1999-00, 01/04/2000-30/08/2000 |
| Judgment | View Judgment |
| Keyword Tags | prescribed limit • monetary limit • block period • tax effect |
| Bot Summary: | It is noticed that the CBDT ha s issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for no t filing appeals before the Tribunal. Learned CIT(DR) could not controvert the fact that tax effect involved in the appeal is less than Rs.10,00,000/-. Fro m p ara 10 of the above Circular, it is palpable that the Instruction is applicable to the pending appeals als o with retrospective effect a nd there is a clear-cu t direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.10,00 ,0 00/-. Going by the prescription o f the afore-noted Circu lar, we are of the view that the Revenue should have either not 2 IT(SS)A No. 136/Del/2007 filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit i.e. Rs. 10,00 ,0 00/- for not filing the appeal. Accordingly, we d is miss the instant appeal without going into merits of the c ase. The Dep art ment is at liberty to file the Miscellaneous Application, if the tax effect is found to be mo re than the prescribed limited of Rs. 10 lacs or otherwise. In the result, the appeal of the Rev enue stands dismissed. |