M/s Pegasus Softech Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 204/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5688 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 09-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SUSHMA SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBE R AND MS SUCHITRA KAMBLE, JUDIC IAL MEMBER ITA NO. 2275/DEL/2016 ( A.Y 2003-04) ITA NO. 2276/DEL/2016 ( A.Y 2004-05) WORLDWIDE REALTORS (P) LTD. FLAT NO. 4, R. R. APARTMENT, 3-4, MANGALPURI, MEHRAULI, NEW DELHI AAACWQ1175B (APPELLANT) VS DCIT CENTRAL CIRCLE-15 (OLD) CENTRAL CIRCLE-14 (NEW) NEW DELHI (RESPONDENT) CO NO. 204/DEL/2016 (A.Y 2008-09) IN (ITA NO. 2 609/DEL/2016 ) PEGASUS SOFTECH PVT. LTD. FLAT NO. 4, R. R. APARTMENT, 3-4, MANGALPURI, MEHRAULI NEW DELHI AADCP2077N (APPELLANT) VS ACIT CENTRAL CIRCLE 14, NEW DELHI (RESPONDENT) APPELLANT BY SMT. SUSHMA SINGH, CIT DR RESPONDENT BY SH. GAUTAM JAIN, ADV ORDER PER SUCHITRA KAMBLE, JM THESE APPEALS AND CROSS OBJECTION ARE FILED BY THE RESPECTIVE ASSESSEE AGAINST ORDERS PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- XXVI, NEW DELHI. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT INVOLVED IN REVENUES APPEALS BEING ITA NO. 2599/D/2016 AND ITA NO. 2600/D/2016 AS WELL AS 2609/D/2016 FOR RESPECTIVE ASSESSMENT YEARS WERE DISMISSED VIDE DATE OF HEARING 30.01.2020 DATE OF PRONOUNCEMENT 18.02.2020 ORDERS DATED 04.10.2019 AND 18.09.2019 BY THE TRIBU NAL ON THE GROUND OF LOW TAX EFFECT IN RESPECT OF APPEALS BEING LESS THAN RS . 50 LACS, WHICH SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 17/2019 DATED 08.0 8.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING THE TAX E FFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE AND SUBSEQUENT CLARI FICATION ISSUED BY CBDT ON 20 TH AUGUST, 2019. 3. THE LD. AR SUBMITTED THAT THESE CROSS OBJECTIONS AND APPEALS ARE AGAINST THE APPEALS FILED BY THE REVENUE THEREFORE, DOES NOT SURVIVE AS THE MAIN APPEALS FILED BY THE REVENUE ARE DISMISSED FOR LOW TAX EFFECT. THEREFORE, THE CROSS OBJECTION AND THE APPEALS FILED BY THE RE SPECTIVE ASSESSEES BECOMES INFRUCTUOUS, HENCE DISMISSED. 4. IN THE RESULT, APPEALS AND CROSS OBJECTION OF TH E ASSESSEES ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18TH F EBRUARY, 2020. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18 /02/2020 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 01.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 01.2020 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 18.02 .2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 18.02 .2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 18.02 .2020 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