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Income Tax Appellate Tribunal - Delhi

Acit, Delhi vs M/S. Moser Baer India Ltd., Delhi on 22 August, 2017

            IN THE INCOME TAX APPELLATE TRIBUNAL
                  DELHI BENCH: 'E', NEW DELHI

        BEFORE SH. BHAVNESH SAINI, JUDICIAL MEMBER
                            AND
            SH. O.P. KANT, ACCOUNTANT MEMBER

                         ITA No. 6490/Del/2014
                       Assessment Year : 2010-11

ACIT, Circle-75(1), Delhi           Vs.   M/s. Moser Baer India Ltd.,
                                          43B, Okhla Industrial Area,
                                          Phase-III, Delhi
PAN : AAACM0322J
        (Appellant)                                 (Respondent)

             Appellant by         Sh. M. Barnwal, Sr.DR
             Respondent by        Ms. Deepashree Rao, CA

                            Date of hearing              22.08.2017
                            Date of pronouncement        22.08.2017

                                  ORDER

PER O.P. KANT, A.M.:

Th is appeal by the R ev enue is directed against the order of learned Comm issioner of Income Tax (Appeals)-XXX, New Delhi, dated 30.09.2014 in re lation to assessment year 2010-

11.

2. We have heard both the parties and perused the relev ant material on record. It is noticed that the C BDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, rev ising the monetary lim it to Rs.10,00,000/- for not filing appeals before the Tribunal. Learned Sr. DR could not controvert the fact that tax effect inv olv ed in the appeal is less than Rs.10,00,000/-.

3. From para 10 of the above C ircular, it is palpable that the Instruction is applicable to the pending appeals also with retrospectiv e effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, where in tax effect is less than Rs.10,00,000/-. Going by the prescription of the afore-noted Circular, we are of the v iew that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is adm ittedly less than the prescribed lim it i.e. R s. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal with out going into m erits of the case. Howev er, the Departm ent is at liberty to file the Miscellaneous Application, if the tax effect is found to be m ore than the prescribed lim ited of Rs. 10 lacs or otherwise.

4. In the result, the appeal of the Revenue stands dismissed.

The decision is pronounced in the open court on 22nd August, 2017.

               Sd/-                                               Sd/-

  (BHAVNESH SAINI)                                       (O.P. KANT)
  JUDICIAL MEMBER                                   ACCOUNTANT MEMBER
Dated: 22nd August, 2017.
RK/-(D.T.D)
Copy forwarded to:
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
                                                    Asst. Registrar, ITAT, New Delhi