Sh. Empire Casting Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 206/DEL/2012

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2130 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 30-10-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 06-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANITA SINHA
• Assessee Lawyers: A K JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B : NEW DELHI) BEFORE SHRI A.T. VARKEY, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.4017/DEL./2011 (ASSESSMENT YEAR : 2002-03) ACIT, CENTRAL CIRCLE 2, VS. M/S. EMPIRE CASTING P VT. LTD., NEW DELHI. H 17, UDYOG NAGAR INDL. AREA, PEERAGARHI CHOWK, NEW DELHI. (PAN : AABCE0380K) CO NO.206/DEL/2012 (IN ITA NO.4017/DEL./2011) (ASSESSMENT YEAR : 2002-03) M/S. EMPIRE CASTING PVT. LTD., VS. ACIT, CENTRAL C IRCLE 2, H 17, UDYOG NAGAR INDL. AREA, NEW DELHI. PEERAGARHI CHOWK, NEW DELHI. (PAN : AABCE0380K) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI A.K. JAIN, CA REVENUE BY : SMT. ANITA SINHA, CIT DR O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THE APPEAL BY THE REVENUE AND THE CROSS OBJECTION B Y THE ASSESSEE ARE FILED AGAINST THE ORDER OF THE CIT (APPEALS)-III, NEW DELHI DATED 07.06.2011 FOR THE ASSESSMENT YEAR 2002-03. ITA NO.4017/DEL./2011 CO NO.206/DEL/2012 2 2. THE TAX EFFECT IN THE APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO.279/MISC./142/2007-ITJ(PT.). 3. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE C BDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT CIRCULA R, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PEND ING APPEALS. WE HAVE EXAMINED THE GROUNDS OF APPEAL AND HAVE FOUND THAT THE TAX EFFEC T ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/- (RUPE ES TEN LAKHS ONLY). 4. HENCE WE DISMISS THE APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) A ND HENCE NOT MAINTAINABLE. ACCORDINGLY, THE CROSS OBJECTION FILE D BY THE ASSESSEE HAS BECOME ACADEMIC AND HENCE, DISMISSED. 6. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR, THE REVENUE MA Y FILE MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AN D IF THE BENCH IS CONVINCED OF THE MISTAKE, THE ORDER WILL BE RECALLED AND THE APPEAL WILL BE RESTORED FOR FRESH DISPOSAL ON MERITS. 7. IN THE RESULT, THE REVENUES APPEAL AND THE CROS S OBJECTION BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 1 ST DAY OF FEBRUARY, 2016. SD/- SD/- (PRASHANT MAHARISHI) (A.T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 1 ST DAY OF FEBRUARY, 2016/TS ITA NO.4017/DEL./2011 CO NO.206/DEL/2012 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-III, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.