Income Tax Appellate Tribunal - Delhi
Ess Jay Vee Processors Pvt. Ltd., ... vs Assessee on 24 February, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : B : NEW DELHI
BEFORE SHRI R.S. SYAL, AM & SHRI A.T. VARKEY, JM
ITA No.498/Del/2011
Assessment Year : 2005-06
ITO, Vs. M/s Ess Jay Vee Processors Pvt. Ltd.,
Ward 11(2), Kot Mangal Singh,
New Delhi. Behind Old Octroi Post,
Taran Taran Road,
Amritsar - 143001.
PAN: AAACE3781F
CO No.393/Del/2011
(ITA No.498/Del/2011)
Assessment Year : 2005-06
M/s Ess Jay Vee Processors Pvt. Ltd., Vs. ITO,
Kot Mangal Singh, Ward 11(2),
Behind Old Octroi Post, New Delhi
Taran Taran Road,
Amritsar - 143001.
PAN: AAACE3781F
Assessee By : None
Deptt. By : Shri Sunil Chander Sharma, CIT,DR
Date of Hearing : 24.02.2016
Date of Pronouncement : 24.02.2016
ITA No.498/Del/2011
CO No.393/Del/2011
ORDER
PER R.S. SYAL, AM:
This appeal by the Revenue and the Cross Objection by the assessee arise out of the order passed by the CIT(A) on 23.11.2010 in relation to the assessment year 2005-06.
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 2 ITA No.498/Del/2011 CO No.393/Del/2011 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Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit for not filing the appeals.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. The Cross Objection filed by the assessee is in support of the order of the CIT(A). Since the appeal of the Revenue has been dismissed on account of low tax effect, the Cross Objection has become infructuous and the same is dismissed as such.
3 ITA No.498/Del/2011 CO No.393/Del/2011
5. In the result, the appeal of the Revenue as well as the Cross Objection of the assessee stand dismissed.
Order Pronounced in the open Court on 24.02.2016.
Sd/- Sd/-
[A.T. VARKEY] [R.S. SYAL]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated, 24th 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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