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Income Tax Appellate Tribunal - Delhi

Acit, New Delhi vs Jastinder Singh Vedi, New Delhi on 19 May, 2017

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

           BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER
                             AND
             SH. O.P. KANT, ACCOUNTANT MEMBER

                         ITA No. 2204/Del/2011
                       Assessment Year: 2006-07

ACIT, Circle-25(1), 315-D, 3rd Vs. Sh. Jastinder Singh Vedi, B-19,
Floor, Vikas Bhawan, New Delhi     Lawrence Road Indl. Area, New
                                   Delhi
PAN : AAEPV4136E
           (Appellant)                      (Respondent)

            Appellant by       Sh. Umesh Chand Dubey, Sr.DR
            Respondent by      S/sh. R.S. Singhvi & Satyajit Goel, Adv.

                         Date of hearing              15.05.2017
                         Date of pronouncement        19.05.2017

                               ORDER

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

Th is appeal by the R ev enue is directed against the order of learned Commissioner of Incom e Tax (Appeals)-VIII, New Delhi, dated 24.02.2011, in relation to assessm ent year 2006-

07.

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 C IT(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Circular, we are of the v iew that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is adm ittedly less than the prescribed lim it i.e. R s. 10,00,000/- for not filing the appeal.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 19th May, 2017.

            Sd/-                                             Sd/-
      (H.S. SIDHU)                                      (O.P. KANT)
  JUDICIAL MEMBER                                  ACCOUNTANT MEMBER
Dated: 19th May, 2017.
RK/-
Copy forwarded to:
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
                                                   Asst. Registrar, ITAT, New Delhi