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Deputy Commissioner Of Income Tax Versus M/s Clutch Auto Ltd

2015 (5) TMI 179 - ITAT DELHI

Maintainability of appeal - Monetary limit - Applicability to pending cases - Held that:- Board's instruction or directions issued to the income-tax authorities are binding on those authorities, therefore, the department ought not to have filed the appeal in view of the above said provisions mentioned in section 268A of the Act since the tax effect in the instant case is less than the amount prescribed for not filing the appeal. - It is noticed that the CBDT has issued Instruction No.5 of 20 .....

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eferred to cases [2011 (3) TMI 1488 - High Court of Delhi], we are of the considered view that Instruction No.5/14 dated 10.07.2014 issued by the CBDT are applicable for the pending cases also and in the said instructions, monetary tax limit for not filing the appeal before the ITAT is ₹ 4.00 lakhs. - Decided against Revenue. - ITA No.5512/Del/2010 - Dated:- 12-3-2015 - N. K. Saini And George George K JJ. For the Appellant : None For the Respondent : Smt Parwinder Kaur, Sr. DR ORDER Per: N .....

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01/04/99. The provisions contained in section 268A read as under: "268A. (1) The Board may, from time to time, issue orders, instructions or directions to other income-tax authorities, fixing such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any incometax authority under the provisions of this Chapter. (2) Where, in pursuance of the orders, instructions or directions issued under sub-section (1), an incometax authority ha .....

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tions or directions issued under sub-section (1), it shall not be lawful for an assessee, being a party in any appeal or reference, to contend that the income-tax authority has acquiesced in the decision on the disputed issue by not filing an appeal or application for reference in any case. (4) The Appellate Tribunal or Court, hearing such appeal or reference, shall have regard to the orders, instructions or directions issued under sub-section (1) and the circumstances under which such appeal or .....

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rities, therefore, the department ought not to have filed the appeal in view of the above said provisions mentioned in section 268A of the Act since the tax effect in the instant case is less than the amount prescribed for not filing the appeal. 5. It is noticed that the CBDT has issued Instruction No.5 of 2014 dated 10.07.2014, by which the CBDT has revised the monetary limit to ₹ 4,00,000/- for filing the appeal before the Tribunal. 6. Keeping in view the CBDT Instruction No.5 of 2014 da .....

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