M/s A.C. Goods Transport Pvt. Ltd., Faridabad V. ACIT, Faridabad

CO 107/DEL/2011

• Counselvise Citation: [2016] 119 COUNSELVISE.COM (IT) 3212 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-03-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 08-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANKALP ANIL SHARMA
• Assessee Lawyers: K K JAISWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-1235/DE L/2011 (ASSESSMENT YEAR-2004-05) ACIT, CIRCLE-II, FARIDABAD (APPELLANT) VS A.C. GOODS TRANSPORT PVT.LTD., 266, SECTOR-21A, FARIDABAD PAN-AACCA3976E (RESPONDENT) C.O.NO-107/DEL/2011 (IN I.T.A .NO.-1235/DEL/2011) (ASSESSMENT YEAR-2004-05) A.C. GOODS TRANSPORT PVT.LTD., 266, SECTOR-21A, FARIDABAD PAN-AACCA3976E (APPELLANT) VS ACIT, CIRCLE-II, FARIDABAD (RESPONDENT) A SSESSEE BY SH. K.K.JAISWAL, DR R EVENUE BY SH. SANKALP ANIL SHARMA, ADV. ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 09.12.2010 OF CIT(A), FARIDABAD PER TAINING TO 2004-05 ASSESSMENT YEAR CHALLENGING THE DELETION MADE BY THE CIT(A) IN APPEAL. MR. S.A. SHARMA, ADV. APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE REVENUES APPEAL HAVING BEEN FILED IN VIOLATION OF THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 DESERVES TO BE DISMISSED. VIDE GROU ND NO.1, IT WAS SUBMITTED THE REVENUE IS ASSAILING DELETION OF G.P. ADDITION OF RS. 6,57,641/-; IN GROUND NO.2, AN ADDITION OF RS.1 LACS IS ASSAILED; AND IN GROUND NO.3 THE RELIEF OF DATE OF HEARING 28.03.2016 DATE OF PRONOUNCEMENT 03.05.2016 I.T.A .NO.-1235/DEL/2011 & C.O.-107/DEL/2011 PAGE 2 OF 3 RS.1,82,594/- MADE BY THE CIT(A) IS ASSAILED BY THE REVENUE. THE TOTAL TAX EFFECT IT WAS SUBMITTED IS LESS THAN RS.10 LACS. 2.1. THE LD. SR.DR, MR. K.K.JAISWAL CONSIDERING THE DEPARTMENTAL GROUNDS STATED THAT APPEAL IS IN VIOLATING OF CBDT CIRCULAR NO.21/ 2015 DATED 10 TH DECEMBER 2015 AS THE TAX EFFECT IS LESS THAN RS.10 LACS. 3. WE HAVE HEARD THE SUBMISSIONS AND PERUSED THE MA TERIAL AVAILABLE ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CI RCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL. PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONS IDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIO NS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 AR E BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. IN VIEW OF THE SAME, RELYING UPON THE AFORESAID CIR CULAR, THE DEPARTMENTAL APPEAL IS DISMISSED AND THE C.O. FILED BY THE ASSESSEE BECOME S INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AND C.O. FILED BY THE ASSESSEE BECOMES INFRUCTUOUS. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 03 O F MAY, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 03/05/2016 *AMIT KUMAR* I.T.A .NO.-1235/DEL/2011 & C.O.-107/DEL/2011 PAGE 3 OF 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASS ISTANT REGISTRAR ITAT NEW DELHI