GURU NANAK ROADLINES, HARIDWAR V. ACIT(OSD), WARD- 1(3)(1), HARIDWAR

CO 105/DEL/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3966 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 22-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER ITA NO. 740 6 /DEL/201 7 ASSESSMENT YEAR: 20 14 - 15 ACIT (O.S.D.) WARD - 1( 3 ) ( 1 ) , HARIDWAR ( D - 29 & 30, INDUSTRIAL AREA, HARIDWAR ) VS M/ S. GURU NANAK ROADLINES ARYA NAGAR, JWALAPUR, HARIDWAR ( UTTARAKHAND ) PAN AA I F G8373Q (APPELLANT) (RESPONDENT) REVENUE BY SH. ATIQ AHMED, SR. DR ASSESSEE BY NONE CROSS OBJECTION NO. 105 /DEL/201 8 ( ARISING OUT OF ITA NO. 7406 /DEL/201 7 ) ASSESS MENT YEAR: 2014 - 15 M/S. GURU NANAK ROADLINES ARYA NAGAR, JWALAPUR, HARIDWAR UTTARAKHAND PAN AAIFG8373Q VS ACIT (O.S.D.) WARD - 1(3)(1),HARIDWAR D - 29 & 30, INDUSTRIAL AREA, HARIDWAR (APPELLANT) (RESPONDENT) ASSESSEE BY NONE REVENUE BY SH. A TIQ AHMED, SR. DR DATE OF HEARING: 30 / 07 / 2018 DATE OF PRONOUNCEMENT: 30 / 0 7 /2018 2 ORDER PER R.K. PANDA, AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 20.09.2017 OF THE CIT(A) , DEHRADUN RELATING TO A. Y. 20 14 - 15. T HE ASSESSEE HAS ALSO FILED CROSS OBJECTION AGAINST THE APPEAL FILED BY THE REVENUE. FOR THE SAKE OF CONVENIENCE THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. AN ADJOURNMENT APPLICATION WAS FILED BY THE ASSESSEE SEEKING ADJ OURNMENT OF THE CASE ON ACCOUNT OF NON RECEIPT OF FORM 36 AND ON ACCOUNT OF ILLNESS . HOWEVER, LOOKING AT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE , TH E ADJOURNMENT SOUGHT BY THE ASSESSEE IS REJECTED AND THE APPEAL S ARE BEING TAKEN UP FOR ADJUDICATION. 3. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.20,00,000/ - . 4. AFTER HEARING THE ARGUMENTS OF LD. DR AND ON PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, I FIND THAT THE TAX EFFEC T INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20,00,000/ - . THE CBDT VIDE CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING OF THE APPEALS BY THE DEPA RTMENT BEFORE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFFECT IS ADMITTEDLY BELOW RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 CO NO. 105/DEL/2018 ( A. Y. 2014 - 15) 5 . SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED, THEREFORE, THE CROSS OBJECTIO N FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND ACCORDINGLY THE SAME IS DISMISSED. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CROSS - OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 30 TH JULY, 2018. SD/ - ( R.K. PANDA ) ACCOUNTANT MEMBER *NEHA* DATE: - 30 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . C IT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 DATE OF DICTATION 30 .07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 30.07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 30.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 30.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 30.07.2018 DATE ON WHICH THE FINAL O RDER IS UPLOADED ON THE WEBSITE OF ITAT 30.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 30.07.2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATC H OF THE ORDER 5