M/s. Worthwhile Portfolio Pvt. Ltd., New Delhi V. ITO, New Delhi

CO 153/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6997 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 21-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 268A; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES D: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.NO.1144/DEL./2016 ASSESSMENT YEAR 2005-2006 THE INCOME TAX OFFICER, WARD 27 (3), ROOM NO.197A, C.R. BUILDING, NEW DELHI. VS., M/S. WORTHWHILE PORTFOLIO PVT. LTD., B-6/5, SAFDARJUNG ENCLAVE, NEW DELHI 110 029. PAN AAACW0649Q (APPELLANT) (RESPONDENT) CROSS OBJECTION NO.153/DEL./2016 ARISING OUT OF ITA.NO.1144/DEL./2016 - ASSESSMENT YEAR 2005-2006 M/S. WORTHWHILE PORTFOLIO PVT. LTD., B-6/5, SAFDARJUNG ENCLAVE, NEW DELHI 110 029. PAN AAACW0649Q VS., THE INCOME TAX OFFICER, WARD 27 (3), ROOM NO.197A, C.R. BUILDING, NEW DELHI. ( CROSS OBJECTOR ) (RESPONDENT) FOR REVENUE : SHRI J.K. MISHRA, CIT - D.R. FOR ASSESSEE : SHRI SOMIL AGGARWAL, ADVOCATE DATE OF HEARING : 16 . 1 0.2019 DATE OF PRONOUNCEMENT : 16 . 1 0.2019 2 ITA.NO.1144/DEL./2016 & C.O.NO.153/DEL./2016 M/S. WORTHWHILE PORTFOLIO PVT. LTD., NEW DELHI. ORDER PER BHAVNESH SAINI, J.M. THE DEPARTMENTAL APPEAL AS WELL AS CROSS OBJECTION BY ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-17, NEW DELHI, DATED 02.12.2015 FOR THE A.Y. 2005-2006. 2. IN THE DEPARTMENTAL APPEAL, THE REVENUE CHALLENGED THE DELETION OF ADDITION OF RS.75 LAKHS UNDER SECTION 68 OF THE I.T. ACT, 1961. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS.50 LAKHS. VIDE CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 3 ITA.NO.1144/DEL./2016 & C.O.NO.153/DEL./2016 M/S. WORTHWHILE PORTFOLIO PVT. LTD., NEW DELHI. 08.08.2019 AMENDED THE EARLIER CIRCULAR NO.3/2018 (SUPRA) WHEREBY IT HAS BEEN DIRECTED THAT MONETARY LIMIT FOR FILING THE DEPARTMENTAL APPEAL IN INCOME TAX CASES MAY BE ENHANCED FURTHER THROUGH THIS AMENDMENT IN PARA-3 OF THE CIRCULAR MENTIONED ABOVE AND ACCORDINGLY, THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVE BEEN ENHANCED TO RS.50 LAKHS. SINCE CIRCULAR NO.17/2019 DATED 08.08.2019 HAVE BEEN ISSUED TO AMEND ITS EARLIER CIRCULAR NO.3/2018 (SUPRA), THEREFORE, ALL THE CONDITIONS OF EARLIER CIRCULAR NO.3/2018 SHALL APPLY ACCORDINGLY. 3. THE LD. D.R. IN VIEW OF THE ABOVE BOARDS CIRCULARS DID NOT PRESS THE DEPARTMENTAL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULARS. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPEAL FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED. 4 ITA.NO.1144/DEL./2016 & C.O.NO.153/DEL./2016 M/S. WORTHWHILE PORTFOLIO PVT. LTD., NEW DELHI. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT DISMISSED. 5. LEARNED COUNSEL FOR THE ASSESSEE SEEKS PERMISSION TO WITHDRAW THE CROSS OBJECTION AND THE SAME IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT, CROSS OBJECTION OF THE ASSESSEE DISMISSED. 7. TO SUM-UP, APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 16 TH OCTOBER, 2019 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT D BENCH 6. GUARD FILE // BY ORDER // ASST. REGISTRAR : ITAT DELHI BENCHES : DELHI.