During the course of hearing, it was noticed that the tax effect involved in the appeal was less than Rs.10,00,000.Dismissing the Revenue's appeal, the ITAT held that it was not maintainable in view of the CBDT's Circular No.21 of 2015 dated 10.12.2015 and the provisions of section 268A (of Income Tax Act, 1961), as the tax effect was less than Rs 10 lacs.-501458
1. During the course of hearing, it was noticed that the tax effect in the appeal was less than Rs.10,00,000 in view of the circular issued by the CBDT and the provisions contained in s 268A, the Department ought not to have filed this appeal.
2. Dismissing the Revenue's appeal, the ITAT held as under:
3. Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A (of Income Tax Act, 1961), we are of the view that the Revenue should not have filed the instant appeal before the Tribunal.
4. Considering the submissions, the Revenue's appeal is dismissed as withdrawn by the Revenue. However, this withdrawal of Revenue's appeal will not hold as precedence in subsequent proceedings.
5. In result, the appeal is dismissed as withdrawn by the Revenue.”
Case Reference- ITO (TDS) vs Construction Division, PWD
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: 'B' NEW DELHI BEFORE SHRI N. K. SAINI, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 1771/DEL/2014 (A.Y 2008-09)