Income Tax Appellate Tribunal - Delhi
Ajanta Soya Ltd., New Delhi vs Department Of Income Tax on 6 January, 2016
1 ITA NO. 212/DEL/2014
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'A' NEW DELHI
BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER
AND
SMT SUCHITRA KAMBLE, JUDICIAL MEMBER
I.T.A .No.-212/DEL/2014
(ASSESSMENT YEAR-2007-08)
ACIT vs Ajanta Soya Ltd.
Circle-1(1), Room No. 390, 12th Floor, Big Jo's Tower,A-8,
C. R. Building Netaji Subhash Place,
New Delhi Wazirpur District Centre
New Delhi
(APPELLANT) AAACA0434F
(RESPONDENT)
Appellant by Sh. K. K. Jaiswal, DR
Respondent by Shri Subhodh Gupta, C.A
Date of Hearing 05.01.2016
Date of Pronouncement
06.01.2016
ORDER
PER SUCHITRA KAMBLE, JM
This appeal is filed by the revenue against the order dated 18/10/2013, passed by the ld. CIT(A)-IV, New Delhi, relating to A.Y. 2007-08.
2. The Ld. DR as well as the Ld. AR submitted that the tax effect involved in the present appeal is less than 10,00,000/-.
2 ITA NO. 212/DEL/20143. CBDT Circular No. F. No. 279/ Misc.142/207 ITJ(Pt) dated 10th December, 2015, in Para 3, 7 and 10 reads as under:
3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:
S No. Appeals in Income-tax matters Monetary Limit (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/-
3 Before Supreme Court 25,00,000/-
.........
7. In the past, a number of instances have come to the notice of the Board, whereby an assessee has claimed relief from the Tribunal or the Court only on the ground that the Department has implicitly accepted the decision of the Tribunal or Court in the case of the assessee for any other assessment year or in the case of any other assessee for the same or any other assessment year, by not filing an appeal on the same disputed issues. The Departmental representative/counsels must make every effort to bring to the notice of the Tribunal or the Court that the appeal in such cases was not filed or not admitted only for the reason of the tax effect being less that the specified monetary limit and, therefore, no inference should be drawn that the decisions rendered therein were acceptable to the 3 ITA NO. 212/DEL/2014 Department. Accordingly, they should impress upon the Tribunal or the Court that such cases do not have any precedent value. a the evidence of not filing appeal due to this instruction may have to be produced in courts, the judicial folders in the office of CsIT must be maintained in a systemic manner for easy retrieval.
.......
10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed."
4. Thus, this being a pending appeal is covered by the CBDT Circular No. F. No. 279/ Misc.142/207 ITJ(Pt) dated 10th December, 2015. The Ld. DR submitted that this appeal be dismissed as not pressed.
5. Considering the submissions of both the parties, the Revenue's appeal is dismissed as not pressed. However, this dismissal of Revenue's appeal will not hold as precedence in subsequent proceedings.
4 ITA NO. 212/DEL/20146. In result, the appeal is dismissed as not pressed by the Revenue.
The order is pronounced in the open court on 6th of January, 2016.
Sd/- Sd/-
(R.S. SYAL) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 06/01/2016
R. Naheed *
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
Date
1. Draft dictated on PS
.05.01.2016
2. Draft placed before author PS
.05.01.2016
3. Draft proposed & placed before .2016 JM/AM
the second member
5 ITA NO. 212/DEL/2014
4. Draft discussed/approved by JM/AM
Second Member.
5. Approved Draft comes to the PS/PS
Sr.PS/PS 06.01.2016
6. Kept for pronouncement on PS
7. File sent to the Bench Clerk PS
06.01.2016
8. Date on which file goes to the AR
9. Date on which file goes to the Head Clerk.
10. Date of dispatch of Order.