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Income Tax Appellate Tribunal - Delhi

Anand Track & Field Equipments Pvt. ... vs Department Of Income Tax on 23 February, 2016

                 IN THE INCOME TAX APPELLATE TRIBUNAL
                       DELHI BENCH 'A', NEW DELHI

     BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
           AND SHRI AT VARKEY, JUDICIAL MEMBER

                     ITA No. 1804/Del/2012
                          AY: 2008-09

ACIT, Circle 1            vs.   Anand Track & Field Equipments P.Ltd.
Meerut                          291, Mohkampur Industrial area
                                Phase II
                                Meerut

                                PAN: AAECA 6855 E

(Appellant)                                  (Respondent)

           Appellant by   : Sh. SK Jain, D.R.
           Respondent by : Sh. Neeraj Chadha, Adv.
                          And Sh.Sanjay Sood, C.A.

                                    ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

This is an appeal filed by the Revenue directed against the order of the Ld.Commissioner of Income Tax (Appeals), Meerut dated 2.1.2012 pertaining to the Assessment Year (A.Y.) 2008-09. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961. Further in this CBDT Circular, at para 10 it is specified that the Instruction will apply retrospectively, to all pending appeals.

2. The Ld.D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).

A.Y. 2008-09 Anand Track & Field Equipments Pvt. Ltd.

2.1. Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable.

2.2. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits.

3. In the result Revenue's appeal is dismissed.

Order pronounced in the Open Court on 23rd February, 2016.

                     Sd/-                                              Sd/-
             (A.T.VARKEY)                                       (J. SUDHAKAR REDDY)
           JUDICIAL MEMBER                                       ACCOUNTANT MEMBER

    Dated: the 23rd February, 2016


·   Manga

    Copy    forwarded to: -
    1.       Appellant
    2.       Respondent
    3.       CIT
    4.       CIT(A)
    5.       DR, ITAT
                              -      TRUE COPY           -

                                                                     By Order,




                                                               ASSISTANT REGISTRAR




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