M/s. Unity Projects Pvt. Ltd., New Delhi V. DCIT, New Delhi

CO 129/DEL/2014

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1872 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 03-11-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 25-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : H : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NOS.5736 & 5737/DEL/2013 ASSESSMENT YEARS : 2009-10 & 2010-11 DCIT, CENTRAL CIRCLE-I, NEW DELHI . VS. UNITY BUILDWELL PVT. LTD., B-4, VIKAS APARTMENT, 34/1, EAST PUNJABI BAGH, NEW DELHI. PAN: AAACU1519R ITA NO.3126/DEL/2013 ASSESSMENT YEAR : 2004-05 DCIT, CENTRAL CIRCLE-I, NEW DELHI . VS. UNITY PROJECTS PVT. LTD., B-4, VIKAS APARTMENT, 34/1, EAST PUNJABI BAGH, NEW DELHI. PAN: AAACU1173F CO NO.129/DEL/2014 (ITA NO.3126/DEL/2013) ASSESSMENT YEAR : 2004-05 UNITY PROJECTS PVT. LTD., B-4, VIKAS APARTMENT, 34/1, EAST PUNJABI BAGH, NEW DELHI. PAN: AAACU1173F VS. DCIT, CENTRAL CIRCLE-I, NEW DELHI . ITA NOS.5736, 5737 & 3126/DEL/2013 CO NO.129/DEL/2014 2 ASSESSEE BY : SHRI A.K. JAIN, CA DEPTT. BY : SHRI RAJIV RANKA, SR. DR DATE OF HEARING : 28.01.2016 DATE OF PRONOUNCEMENT : 28.01.2016 ORDER PER BENCH: THESE THREE APPEALS BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF THE ORDERS P ASSED BY THE CIT(A) IN RELATION TO THE ASSESSMENT YEARS 2009-10, 2010-11 AND 2004-05. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUB MITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEALS O F THE REVENUE IS LESS THAN RS.10,00,000/-, THE EXTANT APPEALS ARE NOT ITA NOS.5736, 5737 & 3126/DEL/2013 CO NO.129/DEL/2014 3 MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THESE APPEAL IS LESS THAN RS.10, 00,000/-. 3. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABL E THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE PRESENT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME A S THE TAX EFFECT IN THESE APPEALS IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. EX CONSEQEUNTI WE DISMISS THE INSTANT APPEALS WITHOUT GOING INTO MERITS OF THESE CASES. 4. THE CROSS OBJECTION WAS NOT PRESSED BY THE LD. A R AND THE SAME IS, DISMISSED AS SUCH. ITA NOS.5736, 5737 & 3126/DEL/2013 CO NO.129/DEL/2014 4 5. IN THE RESULT, THE APPEALS OF THE REVENUE AND TH E CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.01.2016. SD/- SD/- [SUDHANSHU SRIVASTAVA] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 28 TH JANUARY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.