Shri Ajay Kumar, Noida V. DCIT, New Delhi

CO 60/DEL/2015

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 2956 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 24-04-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-04-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 08-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Assessee Lawyers: AMIT GOEL
• Keywords: Tax effect

Judgement Text

ITA NOS. 4213 & 4214/D/2014 & CO NOS. 59 & 60/D/201 5 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT & SHRI K.N. CHARRY, JUDICIAL MEMBER ITA NO.-4213/DEL/2014 ( ASSESSMENT YEAR: 2010-11) DCIT CENTRAL CIRCLE-7, NEW DELHI. VS AJAY KUMAR C-56/40, SECTOR-62, NOIDA AHNPK3721A CROSS OBJECTION NO. 59/DEL/2015 (IN ITA NO.-4213/DEL/2014) ( ASSESSMENT YEAR: 2010-11) AJAY KUMAR C-56/40, SECTOR-62, NOIDA AHNPK3721A VS DCIT CENTRAL CIRCLE-7, NEW DELHI. & ITA NO.-4214/DEL/2014 ( ASSESSMENT YEAR: 2011-12) DCIT CENTRAL CIRCLE-7, NEW DELHI. VS AJAY KUMAR C-56/40, SECTOR-62, NOIDA AHNPK3721A CROSS OBJECTION NO. 60/DEL/2015 (IN ITA NO.-4214/DEL/2014) ( ASSESSMENT YEAR: 2011-12) AJAY KUMAR C-56/40, SECTOR-62, NOIDA AHNPK3721A VS DCIT CENTRAL CIRCLE-7, NEW DELHI. ASSESSEE BY SH. AMIT GOEL, CA REVENUE BY SH. S.K. JAIN, SR. DR DATE OF HEARING 24.04.2017 DATE OF PRONOUNCEMENT 24.04.2017 ITA NOS. 4213 & 4214/D/2014 & CO NOS. 59 & 60/D/201 5 2 ORDER PER BENCH THESE TWO APPEALS AND THE CROSS OBJECTIONS ARE EMANATING FROM THE ORDERS DATED 13.05.2014 IN APPEA L NO. 129-130/2013-14 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, NEW DELHI. 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE FACTS AND THE ADDITIONS ARE IDENTICAL FOR BOTH THE ASSESS MENT YEARS AND THE QUANTUM INVOLVED IN THESE MATTERS IS RS. 32,52, 238/- FOR EACH YEAR AND TAX EFFECT ON THE DISPUTED ADDITION B EFORE US IS RS. 9,75,671/- I.E. LESS THAN RS. 10 LACS SQUARELY FALL ING WITH THE AMBIT OF CIRCULAR NO. 21 / 2015 DATED 10.12.2015 PR ESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX E FFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN ITA NOS. 4213 & 4214/D/2014 & CO NOS. 59 & 60/D/201 5 3 THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN , DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAI D CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MA KES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROS PECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED B Y THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2 015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UN-ADMITTED, WITHOU T GOING INTO THE MERITS OF THE CASE. 4. LD. AR NOT PRESSED THE CROSS OBJECTIONS. HENCE, THEY ARE ALSO DISMISSED AS NOT PRESSED. 5. HENCE, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.04.2017 SD/- SD/- (G.D. AGRAWAL) (K. NARSIMHA CHARRY ) VICE PRESIDENT JUDICIAL MEMBER DATED: 24.04.2017 *KAVITA ARORA ITA NOS. 4213 & 4214/D/2014 & CO NOS. 59 & 60/D/201 5 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 24.04.2017 DRAFT PLACED BEFORE AUTHOR 24.04.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 24.04.2017 KEPT FOR PRONOUNCEMENT ON 24.04.2017 FILE SENT TO THE BENCH CLERK 24.04.2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.