Income Tax Appellate Tribunal - Delhi
Madhav Saran Agarwal, New Delhi vs Department Of Income Tax on 15 February, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'E', NEW DELHI
BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER
ITA No. 823/Del/2012
AY: 2008-09
ACIT, Circle 39(1) vs. Sh.Madhav Saran Agarwal
Room no.212 8337, Arya Nagar
C.R.bldg. Pahar Ganj
New Delhi New Delhi 110 055
PAN: AAJPA 7270 P
(Appellant) (Respondent)
Appellant by : Sh. P.Dam Kanunjna, Sr.D.R.
Respondent by : None.
ORDER
PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
This is an appeal filed by the Revenue directed against the order of the Ld.Commissioner of Income Tax (Appeals)-IX, New Delhi dated 13.12.2011 pertaining to the Assessment Year (A.Y.) 2008-09. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961. Further in this CBDT Circular, at para 10 it is specified that the Instruction will apply retrospectively, to all pending appeals.
2. The Ld.Sr.D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).
2.1. Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, ITA No. 823/Del/2012 A.Y. 2008-09 Sh. Madhav Saran Agarwal, N.Del.
F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable.
2.2. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits.
3. In the result Revenue's appeal is dismissed.
Order pronounced in the Open Court on 15th February, 2016.
Sd/- Sd/-
(SUDHANSHU SRIVASTAVA) (J. SUDHAKAR REDDY)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: the 15th February, 2016
· Manga
Copy forwarded to: -
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT
- TRUE COPY -
By Order,
ASSISTANT REGISTRAR
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