Income Tax Appellate Tribunal - Delhi
K.L. Khanna Gears Ind. Pvt. Ltd.,, New ... vs Department Of Income Tax on 1 March, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH 'D' NEW DELHI
BEFORE : SHRI I.C. SUDHIR, JUDICIAL MEMBER &
SHRI L.P. SAHU, ACCOUNTANT MEMBER
ITA No. 36/Del./2010
Asstt. Year : 2006-07
A.C.I.T., Circle 5(1), vs. K.L. Khanna Gears Ind. Pvt. Ltd.,
New Delhi. 130, Ashok Vihar, Phase-I, Delhi.
[PAN: AAACK 5830 H]
(Appellant) (Respondent)
Appellant by : Sh. Rajesh Kumar Kedia, Addl.CIT
Respondent by : Sh. Manish Malik, Advocate
Date of hearing : 29.02.2016
Date of pronouncement : 01.03.2016
ORDER
Per L.P. Sahu, Accountant Member:
It is apparent from record that the present appeal has been preferred by the Revenue against the action of the ld. CIT(A)-VIII, New Delhi - order dated 29.10.2009 whereby he has deleted the addition of Rs.10 lacs u/s. 68 and Rs.16,79,628/- on account of interest on debt balance. Undisputedly, the present appeal has been preferred by the Revenue in violation of CBDT Circular No. 21/2015 dated 10.12.2015, wherein the pecuniary limit for preferring the appeal by the Revenue before the ITAT has been prescribed beyond Rs.10 lacs. The above circular on pecuniary limit has now statutory 2 ITA No.36/Del./2010 force within the provisions of section 268A of the IT Act, hence, the present appeal is not maintainable. The ld. Addl. CIT/DR Mr. Rajesh Kumar Kedia requested that while dismissing the appeal as not maintainable, it may be made clear that the present order will have no precedential value.
2. In view of the above discussion, the present appeal preferred by the Revenue in violation of CBDT Circular No. 21/2015 (supra) is not maintainable and hence, it is dismissed as such making it clear that since the present appeal has not been disposed of on merits of the appeal, but due to above reason, it will have no any judicial precedence.
3. In the result, the appeal is dismissed as not maintainable.
Order pronounced in the open court on 01.03.2016.
Sd/- Sd/-
(I.C. SUDHIR) (L.P. SAHU)
Judicial Member Accountant Member
Dated : 01.03.2016
*aks/-
Copy of order forwarded to:
(1) The appellant (2) The respondent
(3) Commissioner (4) CIT(A)
(5) Departmental Representative (6) Guard File
By order
Assistant. Registrar
Income Tax Appellate Tribunal
Delhi Benches, New Delhi