Income Tax Appellate Tribunal - Delhi
Agros Impex (I) Pvt. Ltd., New Delhi vs Department Of Income Tax on 5 February, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : E : NEW DELHI
BEFORE SHRI R.S. SYAL, AM & SHRI KULDIP SINGH, JM
ITA No.5655/Del/2015
Assessment Year : 2006-07
ITO, Vs. Agros Impex (I) Pvt. Ltd.,
Ward-1(4) C/o Frost International Ltd.,
New Delhi. 3rd Floor, ARIA Tower,
Commercial Block, JW Marriot
Hotel, Aerocity, Asset Area-IV,
New Delhi.
PAN: AACA5013C
Assessee By : None
Deptt. By : Shri Sudhanshu Dhar Mishra, Sr. DR
Date of Hearing : 04.02.2016
Date of Pronouncement : 05.02.2016
ORDER
PER R.S. SYAL, AM:
This appeal by the Revenue arises out of the order passed by the CIT(A) on 24.07.2015 in relation to the assessment year 2006-07.
ITA No.5655/Del/2015
2. None one was present for the assessee. We find that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. We further find that as the tax effect involved in the instant appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.10,00,000/-.
3. From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, we are of the view that the Revenue should have either not filed the instant 2 ITA No.5655/Del/2015 appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals. Ex conseqeunti we dismiss the instant appeal without going into merits of the case.
4. In the result, the appeal of the Revenue stands dismissed.
Order Pronounced in the open Court on 05.02.2016.
Sd/- Sd/-
[KULDIP SINGH] [R.S. SYAL]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated, 05th February, 2016.
dk
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT (A)
5. DR, ITAT
AR, ITAT, NEW DELHI.
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