M/s. Express Earth Movers & Equipment Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 289/DEL/2010

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 1754 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 3 month(s) 20 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-12-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 27-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRINEEHAR RANJAN PANDEY
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE : JUDICIAL MEMBER ITA NO. 3288 /DEL/2010 ASSTT. YRS: 2002-03 ACIT, CENTRAL CIRCLE-22, VS. M/S EXPRESS EARTH MOV ERS & NEW DELHI. EQUIPMENT PVT. LTD., 2A, AVENUE CASSIA, WESTEND GREENS, RAJOKARI, NEW DELHI. PAN: AAACE 9926 E AND C.O. NO. 289/DEL/2010 ( IN ITA NO. 3288 /DEL/2010) ASSTT. YRS: 2002-03 M/S EXPRESS EARTH MOVERS & VS. ACIT, CENTRAL CIRCLE -22, EQUIPMENT PVT. LTD., NEW DELHI. ( APPELLANT ) (RESPONDENT) DEPARTMENT BY : SHRINEEHAR RANJAN PANDEY SR. DR ASSESSEE BY : SHRI SALIL KAPOOR ADV. DATE OF HEARING : 15/12/2015. DATE OF ORDER : 16/12/2015. O R D E R PER S.V. MEHROTRA, A.M: THE REVENUE IS IN APPEAL AND THE ASSESSEE HAS PREFE RRED CROSS-OBJECTION AGAINST CIT(A)S ORDER DATED 13.04.2010, RELATING T O A.Y. 2002-03. BOTH THE 2 MATTERS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. LD. DR AT THE OUTSET REFERRED TO CBDT CIRCULAR N O. 21/2015 DATED 10.12.2015, WHEREIN THE TAX LIMIT FOR FILING APPEAL BEFORE THE ITAT HAS BEEN ENHANCED TO RS. 10 LAKHS. HE REQUESTED THAT SINCE T HE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS. TEN LAKH, IN PU RSUANCE OF THE AFOREMENTIONED CBDT CIRCULAR, THE DEPARTMENT MAY BE ALLOWED TO WITHDRAW ITS APPEAL. 3. THE CBDT IN ITS RECENT CIRCULAR NO. 21/2015 DA TED 10.12.2015 HAS PROVIDED THAT NO DEPARTMENTAL APPEAL SHALL BE FILED BEFORE THE ITAT WHEREIN THE TAX EFFECT INVOLVED IS LESS THAN RS. 10 LAKHS. FURTHER, IN PARA 10 OF THE CIRCULAR, IT IS PROVIDED THAT THIS INSTRUCTION WOUL D APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMI T OF RS. 10 LAKH MAY BE WITHDRAWN/ NOT PRESSED. 4. ADMITTEDLY, THE TAX EFFECT INVOLVED IN THE PRESE NT APPEAL IS LESS THAN RS. 10 LAKHS. WE, ACCORDINGLY, ALLOW THE REVENUE TO WITHDRAW THE APPEAL. 5. SINCE THE REVENUE HAS BEEN PERMITTED TO WITHDRAW ITS APPEAL, THE CROSS-OBJECTION PREFERRED BY THE ASSESSEE HAS BECOM E INFRUCTUOUS AND STANDS DISMISSED ACCORDINGLY. 3 6. IN THE RESULT, REVENUES APPEAL AS WELL AS THE A SSESSEES CROSS- OBJECTION STAND DISMISSED. SD/- SD/- (SUCHITRA KAMBLE ) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16/12/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.