M/s. Fibcom India Ltd., New Delhi V. ACIT, New Delhi

CO 371/DEL/2012

• Counselvise Citation: [2016] 119 COUNSELVISE.COM (IT) 3209 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 28 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 01-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 37

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT ITA NO S . 37 1 TO 373 /DEL/201 2 ASSESSMENT YEAR S : 200 2 - 0 3 , 2003 - 04 & 2005 - 06 ACIT, VS. SURESH JAIN , CENTRAL CIRCLE - 38 (1) , C - 29,PANCHSHEEL ENCLAVE NE W DELHI. NEW DELHI. (PAN: A CXPJ6507G ) (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI RK GUPTA, CA DEPARTMENT BY: S MT. RISHPAL BEDI , SR. DR DATE OF HEAR ING : 2 1 .4.2016 DATE OF PRONOUNCEMENT: 2 9 : 0 4 .201 6 ORDER PER I.C. SUDHIR : JUDICIAL MEMBER AFTER CONSIDERING SUBMISSIONS MADE BY THE PART IES , WE FIND SUBSTANCE IN THE PRELIMINARY OBJECTION RAISED BY THE LEARNED AR AND ACCORDINGLY H OLD THAT EACH OF THE ABOVE APPEALS PREFERRED BY THE REVENUE HAVING TAX EFFECT BELOW RS.10 LACS IS NOT MAINTAINABLE SINCE THESE APPEALS HAVE BEEN PREFERRED IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 ENFORCEABLE UNDER SECTION 268A OF THE INCO ME - TAX ACT, 1961. THESE APPEALS ARE ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 . 0 4 . 201 6 S D/ - SD/ - ( O.P . K A NT ) ( I.C. S UDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 / 0 4 /201 6 MOHAN LAL 2 COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED DIRECTLY ON COMPUTER 2 9 . 0 4 .201 6 DRAFT PLACED BEFORE AUTHOR 2 9 . 0 4 .2016 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 2 9 .04 .2016 APPROVED DRAFT COMES TO THE SR.PS/PS 2 9 . 0 4 .2016 KEPT FOR PRONOUNCEMENT ON 2 9 .04 .2016 FILE SENT TO THE BENCH CLERK 2 9 . 0 4 .2016 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.