CA Cooperative Thrift & Credit Society Limited, Delhi V. ACIT Circle-58(1), Delhi

CO 30/DEL/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4894 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 09-07-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: VIPUL KHASYAP
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.108/DEL/2021 ASSESSMENT YEAR: 2011-12 ACIT CIRCLE 58 (1) DELHI VS CA COOPERATIVE THRIFT & CREDIT SOCIETY LIMITED, D- 251/10, 2 ND FLOOR, LAXMI NAGAR, DELHI-110092 PAN NO. AADAC6816A (APPELLANT) (RESPONDENT) C.O. NO.30/DE/2021 (IN ITA NO.108/DEL/2021) ASSESSMENT YEAR: 2011-12 CA COOPERATIVE THRIFT & CREDIT SOCIETY LIMITED, D- 251/10, 2 ND FLOOR, LAXMI NAGAR, DELHI-110092 PAN NO. AADAC6816A VS ACIT CIRCLE 58 (1) DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH. VIPUL KHASYAP, SR. DR RESPONDENT BY MS. ANJU BHARGAVA, ACCOUNTANT IN FIRM DATE OF HEARING: 27/09/2021 DATE OF PRONOUNCEMENT: 27/09/2021 2 ORDER PER N. K. BILLAIYA, AM: 1. ITA NO.108/DEL/2021 AND C.O. NO.30/DEL/2021 ARE APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE AS SESSEE PREFERRED AGAINST THE ORDER OF THE CIT(A), NEW DELH I-35 PERTAINING TO A.Y.2011-12. 2. A PERUSAL OF FORM 36 FILED BY THE REVENUE SHOW T HAT THE TAX EFFECT RELATING TO EACH GROUND OF APPEAL IS RS. 689300/-. 3. THIS APPEAL IS ACCORDINGLY DISMISSED FOR WANT O F TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. 17/2019 DA TED 08.08.2019. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. CROSS OBJECTION NO.30/DEL/2021 (A.Y.2011-12) 5. THE ASSESSEE HAS CHALLENGED THAT THE APPEAL OF T HE REVENUE IS BARRED BY LIMITATION AND SECONDLY THE TA X EFFECT IS LESS THAN THE MONETARY LIMIT FILLED BY THE CBDT CIR CULAR AND THE THIRD IN SUPPORT OF THE FINDINGS OF THE CIT(A). SINCE THE APPEAL FILED BY THE REVENUE IN ITA NO. 108/DEL/2021 HAS BEEN DISMISSED THE CROSS OBJECTION BECOMES OTIOSE. 3 6. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRESENC E OF BOTH THE REPRESENTATIVES ON 27.09.2021. SD/- (N. K. BILLAIYA) ACCOUNTANT MEMBER *NEHA* DATE:-27.09.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI DATE OF DICTATION 2 7 .09.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 7 .09.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 2 7 .09.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 2 7 .09.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 2 7 .09.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 2 7 .09.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 2 7 .09.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2 7 .09.2021 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER