Vijay Kumar Agarwal (HUF), New Delhi V. ITO, Ward- 23(2), New Delhi

CO 235/DEL/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3958 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 22-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.5500/DEL/2014 ASSESSMENT YEAR: 2009-10 ITO, WARD-23(2), NEW DELHI. VS. VIJAY KUMAR AGARWAL (HUF) M-15, GREATER KAILASH-II, NEW DELHI TAN/PAN: AACHV 6042D (APPELLANT) (RESPONDENT) CO NO.235/DEL/2017 ASSESSMENT YEAR: 2009-10 VIJAY KUMAR AGARWAL (HUF) M-15, GREATER KAILASH-II, NEW DELHI VS. ITO, WARD-23(2), NEW DELHI. TAN/PAN: AACHV 6042D (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI AMIT JAIN, SR.D.R. RESPONDENT BY: SHRI RAJESH KUMAR JAIN, CA DATE OF HEARING: 23 07 2018 DATE OF PRONOUNCEMENT: 23 07 2018 O R D E R PER AMIT SHUKLA, J.M.: THE APPEAL AS WELL AS THE CROSS OBJECTION HAVE BEEN FILED AGAINST ORDER DATED 30.07.2014 PASSED BY LD. COMMIS SIONER OF INCOME TAX (APPEALS)-XXIII, NEW DELHI PERTAINING TO THE ASSESSMENT YEAR 2009-10. I.T.A. NO.5500/DEL/2014 & CO NO.235/DEL/2017 2 2. DURING THE COURSE OF HEARING, THE LD. DR AD MITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20 LACS. THE LD. COUNSEL APPEARING FOR THE ASSESSEE, TOO CON TENDED THAT THE PRESENT APPEAL OF THE REVENUE IS NOT MAINT AINABLE IN VIEW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED 11 TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 20 LAC. 3. HAVING CONSIDERED THE AFORESAID FACT OF TAX O N THE DISPUTED ISSUE AND THE ABOVE CIRCULAR, WE FIND THAT THE ABOVE CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 OF CBDT HAS RAISED THE PECUNIARY LIMIT SUPERSEDING THE EARLIER CBDT CI RCULAR NO.21 OF 2015 DATED 10.12.2015, REVISING THE MONETA RY LIMIT OF TAX EFFECT FROM RS.10 LAC TO RS. 20 LAC. THESE I NSTRUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. THIS CIR CULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WI THDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHE REIN TAX EFFECT INVOLVED DOES NOT EXCEED RS. 20 LACS. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL COMES WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NO. 10 & 11 OF THE SAID CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF T HE AFORE NOTED CBDT INSTRUCTIONS, AND WITHOUT GOING INTO MER ITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE RE VENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20 LAC. I.T.A. NO.5500/DEL/2014 & CO NO.235/DEL/2017 3 4. SINCE, WE HAVE ALREADY DISMISSED THE APPEAL OF T HE REVENUE IN VIEW OF CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018. THE CROSS OBJECTION FILED BY THE ASSESSEE, WHICH WA S SUPPORTIVE OF THE ORDER OF THE CIT (A), THEREFORE, HAS BECOME INFRUCTUOUS. WE DISMISS THE SAME AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL AS WELL AS CROSS OBJEC TION STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JULY, 2018. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23 RD JULY, 2018 PKK: