M/s. Winsome Finance Pvt. Ltd., Nagpur V. DCIT, New Delhi

CO 308/DEL/2014

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 4097 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 30-06-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 12-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SH. N. K. SAINI, A M AND SMT. BEENA PILLAI, JM CO NO S. 308 & 309/DEL/2014 (IN ITA NO S . 6457 & 6458/DEL/2013 ASSTT. YEAR S : 2007 - 08 & 2008 - 09 ) WINSOME FINANCE PVT. LTD., C/O KAILASH JOGANI, CA, 299 /15, SHANTI VIHAR, OPP. HISLOP, COLLEGE LANE, CIVIL LINES, NAGPUR - 440001 VS DCIT, CENTRAL CIRCLE - 11, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A A ACW2440F ASSESSEE BY : NONE REVENUE BY : SH. DEEPAK GARG , SR. DR DATE OF HEARING : 30 .06 .201 6 DATE OF PRONOUNCEMENT : 01 .07 .201 6 ORDER PER N. K. SAINI, AM: TH ESE CROSS OBJECTION S FILED BY THE ASSESSEE ARE ARISING OUT OF THE ITA NO S. 6457 & 6458 /DE/201 3 FI LED BY THE DEPARTMENT FOR THE ASSESSMENT YEAR S 2007 - 08 & 2008 - 09 . 2 . DURING THE COURSE OF HEARING NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE AND THE LD. SENIOR DR APPEARING ON BEHALF OF THE DEPARTMENT, POINTED OUT THAT THE APPEAL S OF THE DEPARTMENT H AVE ALREADY BEEN DISPOSED OFF BY CONSIDERING THE TAX EFFECT BEING LESS THAN RS.10 LACS I.E. PRESCRIBED LIMIT FOR WHICH THE APPEAL BY THE DEPARTMENT OUGHT NOT TO HAVE BEEN CO NO S. 308 & 309 /DEL /201 4 WINSOME FINANCE PVT. LTD. 2 FILED IN VIEW OF THE CIRCULAR NO. 21/2015 DATED 10.12.2015 ISSUED BY THE CBDT . IT WAS ALSO POINTED OUT THAT NO RELIEF HAS BEEN SOUGHT IN THIS CROSS OBJECTION S BY THE ASSESSEE AS THE RELIEF HAS ALREADY BEEN GRANTED BY THE LD. CIT(A). 3 . WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN T HE PRESENT CASE, I T IS NOTICED THAT THE REGISTRY HAS POINTED OUT THAT THE APPEALS OF THE DEPARTMENT HAS ALREADY BEEN DISPOSED OFF AND THE LD. SENIOR DR POINTED OUT THAT THE APPEAL S OF THE DEPARTMENT IN ITA NOS. 6457 & 6458/DE/2013 FOR THE ASSESSMENT YEARS 2007 - 08 & 2008 - 09 WERE DISMISSED, T HEREFORE, THESE CROSS OBJECTION S FILED BY THE ASSESSEE AGAINST THE AFORESAID APPE AL S OF THE DEPARTMENT BECOME IN FRUCTUOUS AND ACCORDINGLY THE SAME ARE DISMISSED. 4 . IN THE RESULT, THE CROSS OBJECTION S FILED BY THE ASSES SEE ARE DISMISSED . (ORDER PRONOUNCED IN THE COURT ON 01 /07 /2016 ) SD/ - SD/ - (BEENA PILLAI ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DAT ED: 01 /07 /2016 *SUBODH * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR