M/s. Comfort Net Traders (I) Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 373/DEL/2015

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4060 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 14-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 21-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K YADAV
• Assessee Lawyers: ASHWANI TANEJA; SAURABH GOYAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: G, NEW DELHI) BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO:- 5573/DEL/2015 ( ASSESSMENT YEAR: 2008-09) ACIT, CENTRAL CIRCLE-17, ROOM NO. 103, ARA CENTRE, E-2, JHANDEWALAN, NEW DELHI. VS. M/S COMFORT NET TRADERS (I) (P) LTD., SHOP NO. 26, NATHU SINGH MARKET, MASOOD PUR, VASANT KUNJ, NEW DELHI. PAN NO.-AAACC3286D APPELLANT RESPONDENT C.O. NO.-373/DEL/2015 ARISING FROM ITA NO:- 5573/DEL/2015 ( ASSESSMENT YEAR: 2008-09) M/S COMFORT NET TRADERS (I) (P) LTD., SHOP NO. 26, NATHU SINGH MARKET, MASOOD PUR, VASANT KUNJ, NEW DELHI. PAN NO.-AAACC3286D VS. ACIT, CENTRAL CIRCLE-17, ROOM NO. 103, ARA CENTRE, E-2, JHANDEWALAN, NEW DELHI. APPELLANT RESPONDENT REVENUE BY : SH. A.K. YADAV, SR. DR ASSESSEE BY : SH. ASHWANI TANEJA, ADV. & SH. SAURABH GOYAL, CA DATE OF HEARING : 14.08.2018. DATE OF PRONOUNCEMENT : 14/08/2018. 2 ITA NO. -5573/DEL/2015 & C. O. NO. -373/DEL/2015. COMFORT NET TRADERS (I) PVT. LTD. ORDER PER: BHAVNESH SAINI, JM THE DEPARTMENTAL APPEAL AND THE CROSS-OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-27, NEW DELHI, DATED 24.07.2015 FOR ASSESSMENT YEAR 2008-09. 2. WE HAVE HEARD THE LD. REPRESENTATIVES OF BOTH TH E PARTIES. 3. IN THE DEPARTMENTAL APPEAL, REVENUE CHALLENGED T HE DELETION OF ADDITION OF RS. 36,85,581/- ON ACCOUNT OF UNEXPLAINED PURCHASES. 4. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL A PPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHAL L NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONET ARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPEC TIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PEN DING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D. R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. WE MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCE PTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMEN TAL APPEAL IS DISMISSED AS 3 ITA NO. -5573/DEL/2015 & C. O. NO. -373/DEL/2015. COMFORT NET TRADERS (I) PVT. LTD. WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. THE LD. COUNSEL FOR THE ASSESSEE SEEKS PERMISSION TO WITHDRAW THE CROSS-OBJECTION, THE SAM E IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL OF THE REVENUE AND CROSS O BJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/8/2018 SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14.08.2018 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. -5573/DEL/2015 & C. O. NO. -373/DEL/2015. COMFORT NET TRADERS (I) PVT. LTD. DATE OF DICTATION 14/8/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 14/8/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 14/8/2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 14/8/2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS `14/8/2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER