Indian Kanoon - Search engine for Indian Law

This is an appeal by the department against the order dated 28.02.2014 passed by the AO u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961.

2. During the course of hearing, the Learned counsel for the assessee at the very outset stated that the tax effect in this appeal is less than Rs.10,00,000/-, therefore, the department ought not to have filed this appeal in view of the circular issued by the CBDT and the provisions contained in Actis Advisers Pvt. Ltd.

5. It is noticed that the CBDT has issued Circular No.21 of 2015 dated 10.12.2015, vide which it has revised the monetary limit to Rs.10,00,000/- for not filing the appeal Actis Advisers Pvt. Ltd.

before the Tribunal. The relevant portion of the said circular 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:

Actis Advisers Pvt. Ltd.

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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed.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."

8. In view of the above, without going into merits of the case, the appeal filed by the department is dismissed.

Actis Advisers Pvt. Ltd.

9. In the result, the appeal of the department is dismissed. (Order Pronounced in the Court on 28/08/2017) Sd/- Sd/-

  (K. N. Chary)                                (N. K. Saini)
JUDICIAL MEMBER                           ACCOUNTANT MEMBER
Dated: 28/08/2017
*Subodh*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5.DR: ITAT
                                                 ASSISTANT REGISTRAR