Income Tax Appellate Tribunal - Delhi
Sharsh Finance & Investment Company ... vs Department Of Income Tax on 19 February, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'G': NEW DELHI
BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT, AND
SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER
ITA No. 6297/Del /2015
[Assessment Year: 2012-13]
The Dy. C.I.T Vs. M/s Sharsh Finance & Investment
Central Circle - 25 Company Pvt. Ltd
New Delhi B-5/13, Azad Apartment
Sri Aurobinda Marg, New Delhi
PAN : AAHCS 1410 L
ITA No. 6054/Del /2015
[Assessment Year: 2006-07]
The I.T.O Vs. M/s Adoration Securities &
Ward -1(3) Finance Pvt. Ltd
New Delhi 18/2,Wazirpur Industrial Area
Delhi
PAN : AAACA 7535 M
ITA No. 5951/Del /2015
[Assessment Year: 2010-11]
The I.T.O Vs. Vinod Kumar Garg
Ward -7(1) D-35, Multan Nagar
New Delhi New Delhi
PAN : AFUPG 6987 R
ITA Nos. 5430 & 5431/Del /2015
[Assessment Year: 2010-11 & 2011-12]
The A.C.I.T. Vs. Baweja Exports Ltd
Central Circle -3 D-37, Defence Colony
New Delhi New Delhi
PAN : AABCB 6318 G
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ITA No. 5771/Del /2015
[Assessment Year: 2011-12]
The I.T.O Vs. Advance Informatics
Ward -28(1) D-1070, New Friends Colony
New Delhi New Delhi
PAN : AAFFA 3516 Q
Appellant by : Ms. Anima Bernwal, Sr. DR
Respondent by : None
ITA No. 5765/Del /2015
[Assessment Year: 2009-10]
The A. C.I.T Vs. M/s Tikaula Sugar Mills Ltd
Circle - 2 25-B, Gher Khatti, New Mandi
Muzaffarnagar Muzaffarnagar
PAN : AACCT 5815 B
Appellant by : Ms. Anima Bernwal, Sr. DR
Respondent by : Shri Akhilesh Kumar, Adv
ITA No. 5772/Del /2015
[Assessment Year: 2009-10]
The A. C.I.T Vs. M/s Barnala Steel Industries Ltd
Circle - 1 Flat No. 17, Jaswant Apartment
Muzaffarnagar Jamia Nagar, Okhla Village,
Delhi
PAN : AABCB 2772 Q
[Appellant] [Respondent]
Appellant by : Ms. Anima Bernwal, Sr. DR
Respondent by : Shri Ankit Gupta, Adv.
Date of Hearing : 08.02.2016
Date of Pronouncement: 19.02.2016
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ORDER
PER BENCH:-
These are a bunch of appeals filed by the Revenue directed against separate orders of the ld. CIT(A) pertaining to different assessment years. Since the issues involved in these appeals are similar and the appeals were heard together, so these are being disposed off by this consolidated order for the sake of convenience.
2. These appeals have been fixed for hearing in view of the recent CBDT Instruction No. 21/2015 dated 10.12.2015, revising the monetary limit of Rs.10.00 lakhs for not filing the appeal before the Tribunal in terms of section 268A(1) of the Income-tax Act.
3. The CBDT in its recent Circular No. 21/2015 dated 10.12.2015 has provided that no departmental appeal shall be filed before the ITAT wherein the tax effect involved is less than Rs.10 lakhs. Further, in para 10 of the Circular, it is provided that this instruction would apply retrospectively and the pending appeals below the specified tax limit of Rs.10 lakhs may be withdrawn/not pressed.
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4. The learned Sr. DR appearing on behalf of the Revenue before us, at the outset, submitted that appeals can be withdrawn only after getting the approval of competent authority. He further referred to para 7 of the circular to submit that dismissal of appeal, however, in any case, on account of low tax effect should not be considered as a precedence in the matters of subsequent years where the tax effect is above the monetary limit prescribed by this Circular and the issue should be decided on merits.
5. The learned counsels for the assessee appearing in a couple of cases, on the other hand, stated that the Circular was squarely applicable to the present appeals of the Revenue while in six other cases, none appeared for and on behalf of the assessee. However, the appeals were heard ex parte as the CBDT circular is beneficial to them.
6. After considering the submissions of both the parties, we find that prima facie, the tax effect involved in these appeals by the Revenue is below Rs. 10.00 lakhs and, therefore, we deem it proper to dismiss the appeals particularly because the pending appeal is covered by circular in view of para 10 of the circular. However, we may clarify that if on receipt of this order, the 4 5 Assessing Officer finds that the tax effect is above Rs.10 lakhs or in any other manner, the Circular is not applicable in view of exceptions culled out in the Circular, he will be at liberty to file miscellaneous application for recalling of this order which the Tribunal will consider in accordance with law. We further find considerable force in the contention of the CIT/DR that this order cannot be considered as an acceptance by the Revenue on the issue involved in these appeals and will not be an estoppel for the Revenue to take up the issues, involved in these appeals, before ITAT on merits if the tax effect in those years is more than Rs.10 lakhs.
7. Keeping in view the above Circular and the provisions of section 268A of the Income-tax Act, 1961 and without going into merits of the cases, we dismiss the instant appeals filed by the Revenue as tax effect in all the appeals is less than Rs.10 lakhs. 5 6
8. In the result, all the appeals of the Revenue stand dismissed.
The order is pronounced in the open court on 19.02.2016.
Sd/- Sd/-
(G.D. AGRAWAL) (C.M. GARG)
VICE PRESIDENT JUDICIAL MEMBER
Dated: 19th February, 2015
VL/
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asst. Registrar,
ITAT, New Delhi
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