M/s. Quality Associates, Dehradun V. DCIT, Dehradun

CO 370/DEL/2015

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4074 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2005-2006
• Appeal Filed On: 21-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA/IT(SS)A/ CO NO. APPELLANT RESPONDENT AY/ ASST. PERIOD ASSESSEE BY 989/DEL/2015 ACIT, CENTRAL CIRCLE - 30, NEW DELHI M/S. ARCHON ESTATE PVT. LTD., 910, ANSAL BHAVAN, 16, K.G. MARG, NEW DELHI (PAN:AAFCA0799Q) 2010 - 11 SH. SOMIL AGARWAL, ADV. & SH. SAURABH GOYAL, CA 394/DEL/2015 ACIT, CENTRAL CIRCLE - 30, NEW DELHI M/S. ARCHON ESTATE PVT. LTD., 910, ANSAL BHAVAN, 16, K.G. MARG, NEW DELHI (PAN:AAFCA0799Q) 2008 - 09 SH. SOMIL AGARWAL, ADV. & SH. SAURABH GOYAL, CA 995/DEL/2015 ACIT, CENTRAL CIRCLE - 30, NEW DELHI M/S. ARINTEX LTD., LOTUS TOWER BASEMENT, COMMUNITY CENTRE, NEW FRIENDS COLONY, NEW DELHI (PAN:AADCA 5442J) 2008 - 09 SH. SOMIL AGARWAL, ADV. & SH. SAURABH GOYAL, CA 2558/DEL/2015 C.O. NO. 370/DEL/2015 DCIT, CENTRAL CIRCLE, 13 - A, SUBHASH ROAD, DEHRADUN M/S. QUALITY ASSOCIATES, 7 - A, LUXMI ROAD, DEHRADUN M/S. QUALITY ASSOCIATES, 7 - A, LUXMI ROAD, DEHRADUN (PAN:AAAAQ0073C) DCIT, CENTRAL CIRCLE, 13 - A, SUBHASH ROAD, DEHRADUN 2005 - 06 2005 - 06 NONE NONE 2583/DEL/2015 ITO, WARD - 2, ROHTAK SH. MAHABIR SINGH, S/O - SH. GYANI RAM, H. NO. 432, VPO MAKROLI KALAN, ROHTAK (PAN:BFWPS9572R) 2011 - 12 NONE 2 1221/DEL/2015 ACIT, CENTRAL CIRCLE, KARNAL SH. VED PRAKASH BHARTI , H. NO. 1049 - 50, SECTOR - 13 - 17, HUDA, PANIPAT (PAN:AAVPB5477D) 2011 - 12 NONE 3518/DEL/2015 ITO, KOTDWAR, AAYAKAR BHAWAN, PATEL MARG, KOTDWAR SH. GANESH NEGI, R/O - THANA MOHALLA, PAURI, DISTT. PAURI, GARHWAL (PAN:ADYPN8415F) 2009 - 10 NONE 3044/DEL/2015 DCIT, CIRCLE - 6(2), ROOM NO. 390, C.R. BUILDING, I.P. ESTATE, NEW DELHI M/S. CONTINENTAL CARBON INDIA LTD., F - 40, NDSE, PART - I, NEW DELHI (PAN:AABCC8129N) 2008 - 09 NONE 3960/DEL/2015 ACIT, CIRCLE - 2(1)(1), INTERNATIONAL TAXATION, ROOM NO. 410, E - 2 BLOCK, CIVIC CENTRE, NEW DELHI M/S. HITACHI LTD., TOKYO JAPAN UNIT, 802A - 802B, TOWER - 2, 8 TH FLOOR, KONNETUS BUILDING, BHAVBHUTI MARG, NEAR MINTO BRIDGE, CONNAUGHT PLACE, NEW DELHI (PAN:AAACH2953A) 2010 - 11 SH. TARANDEEP SINGH, ADV. DEPARTMENT BY : SHRI RAVI KANT GUPTA, SR. DR DATE OF HEARING : 02.08.2018 DATE OF PRONOUNCEMENT : 02 .08.2018 ORDER PER O.P. KANT, AM: THESE APPEALS BY THE REVENUE AND A CROSS OBJECTION BY ONE OF THE ASSESSEES ARISE OUT OF THE ORDERS PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSMENT YEARS. 2. SOME OF THE ASSESSEE - RESPONDENTS WERE REPRESENTED BY THEI R RESPECTIVE LEARNED AUTHORIZED REPRESENTATIVES , WHILE OTHERS REMAINED UNREPRESENTED. DURING THE COURSE OF HEARING, THE LEARNED DEPARTMENTAL REPRESENTATIVE, ALTHOUGH SUPPORTED THE RESPECTIVE ORDERS OF THE ASSESSING OFFICER, BUT COULD 3 NOT CONTROVERT THE FACT THAT THE TAX EFFECT IN VOLVED IN EACH OF THESE APPEALS ARE LESS THAN RS.20,00,000/ - 3. WE HAVE HEARD LEARNED SR. DEPARTMENTAL REPRESENTATIVE AS WELL AS LEARNED AUTHORIZED REPRESENTATIVES , APPEARING IN THEIR RESPECTIVE CASES AND HAVE PERUSED THE RELEVA NT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL 4. FROM THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX E FFECT IS LESS THAN RS.20,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THESE APPEALS ARE ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/ - FOR NOT FILING THE APPEALS. ACCORDINGLY, WE DISMISS THE ALL THE APPEALS FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF THE CASE. THE CROSS O BJECTION FILED BY ONE OF THE ASSESSEES, WHICH IS IN SUPPORT OF THE RESPECTIVE IMPUGNED ORDER, IS ALSO DISMISSED AS INFRUCTUOUS. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS.20,00,000/ - OR OTHERWISE. 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AND A CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE COURT ON 02/08/2018 SD/ - SD/ - [ AMIT SHUKLA ] [ O.P. KANT ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 02/08/ 2018 . 4 RK/ - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . DR, ITAT AR, ITAT, NEW DELHI.