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ITAT dismissed Revenue’s appeal tax effect was below Rs 4 lakhs
ITAT dismissed Revenue’s appeal tax effect was below Rs 4 lakhs
In Sri Ram Dev’s case, the tax effect in the appeal was less than Rs. 4,00,000. The ITAT held that CBDT Instruction No. 5/2014 dated 10th July 2014, has revised the monetary limit for filing the appeal by the Revenue before the Tribunal to Rs 4 lakhs. It held that the present appeal was not maintainable, and dismissed it.
1. During the course of hearing, it was stated that the tax effect in the appeal was less than Rs. 4,00,000.
2. Therefore, the department ought not to have filed this appeal in view of the circular issued by the CBDT and the provisions contained in section 268A (of Income Tax Act, 1961).
The ITAT held as under:
3. It is not in dispute that the Board's instruction or directions issued to the other income-tax authorities are binding on those authorities, therefore, the Department ought not to have filed the appeal in view of the above mentioned section 268A (of Income Tax Act, 1961) since the tax effect in the instant case is less than the amount prescribed for not filing the appeal.
4. It is noticed that the CBDT has issued Instruction No. 5/2014 dated 10th July, 2014, by which the CBDT has revised the monetary limit to Rs. 4,00,000/- for filing the appeal before the Tribunal.
5. Keeping in view the CBDT Instruction No. 5 of 2014 dated 10th July, 2014 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.
Case Reference - Income Tax Officer Vs. Shri Ram Dev.
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: "F" New Delhi
BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT
AND SHRI SUDHANSHU SRIVASTAVA, ACCOUNTANT MEMBER
ITA No: 2971/Del/2012
(AY : - 2000-01)
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