M/s Kairav Non-Woven P. Ltd., Delhi V. ACIT, New Delhi

CO 181/DEL/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4054 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 30 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 17-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI E BENCH, NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER, AND SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER ITA NO S . 1190 & 1191 / DEL/201 6 [ASSESSMENT YEAR S : 20 0 6 - 0 7 & 200 7 - 0 8 ] THE A.C.I.T VS. M/S KAIRAV NON - WOVEN PVT. LTD CENTRAL CIRCLE 14 FLAT NO. 4 - R.R. APARTMENT NEW DELHI 3 - 4, MANGALAPURI, MEHRAULI NEW DELHI PAN : AACC K 6 1 0 7 D CO NO. 181/DEL/2016 ITA NOS. 1190 /DEL/2016 [ASSESSMENT YEAR: 2006 - 07] M/S KAIRAV NON - WOVEN PVT. LTD VS. THE A.C.I.T FLAT NO. 4 - R.R. APARTMENT CENTRAL CIRCLE 14 3 - 4, MANGALAPURI, MEHRAULI NEW DELHI NEW DELHI PAN : AACCK 6107 D [APPELLANT] [RESPONDENT] D ATE OF HEARING : 1 6 . 0 8 .201 8 DATE OF PRONOUNCEMENT : 1 6 .0 8 .2018 ASSESSEE BY : SHRI LALIT MOHAN, CA REVENUE BY : SHRI S.R. SENAPATI , SR. DR 2 ORDER PER BENCH : - TH ESE TWO APPEAL S BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE PREFERRED AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] XXVI , NEW DELHI DATED 03 . 12 .201 5 PERTA INING TO ASSESSMENT YEAR S 20 0 6 - 0 7 & 200 7 - 0 8 . 2. THESE TWO APPEALS BY THE REVENUE HAVE TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 3 3. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR , THE APPEALS FILED BY THE REVENUE ARE DISMISSED. THE CROSS OBJECTION FILED BY THE ASSE SSEE HAS BECOME OTIOSE. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 6 . 0 8 .2018. SD/ - SD/ - [ DIVA SINGH ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 6 T H AUGUST , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER